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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From January 8, 2010, the Defendant entered into a check contract with the U.S. branch office of Busan Bank and the Defendant in the name of the Defendant, and has traded the check number.
[2014 Highest 3050] On November 28, 2013, the Defendant issued one copy of the number of units per bank in the name of the Defendant, which was named as the “E”, the check number “5,000,000 won”, and the issue date “28, 2014.”
On February 28, 2014, which was within the period for presentment of payment, the check was presented to the above bank. However, the check was issued from November 28, 2013 to January 30, 2014, and each of the holders issued 57,000,000 won in total from November 28, 2013 to January 30, 2014, and presented the check to the above bank within the period for presentment of payment, but the check was not paid due to deposit shortage or non-transaction.
[2014 Highest 3932] On January 8, 2014, the Defendant issued one copy of the check number F, face value 4,750,000 won, and the issue date as of April 30, 2014 at the “D” point in the 1st floor of the Busan Annual Building C, Busan, and issued three copies of the household check, total face value 10,600,000 won, as shown in the attached Table of Crimes List on the same day, including that the check holder presented a payment proposal to the above bank on April 30, 2014, which was within the payment proposal period, but was not paid as a disposition of suspension of transaction. Each check holder presented a payment proposal within the payment proposal period, but did not receive each disposition of suspension of transaction.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police interrogation protocol against the accused;
1. A written accusation;
1. Application of Acts and subordinate statutes to a report on investigation (bank staff telephone call, etc.);
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crime;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.