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(영문) 대구지방법원 서부지원 2016.10.13 2016고단1296
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of (State) E (F) who is a manufacturer of automobile parts located in Sinsan City D.

From October 9, 1991, the Defendant entered into a check contract in the name of the Daegu Bank of Korea and its affiliated business branch and the Defendant, and has traded the number of shares.

On March 22, 2016, the Defendant issued three copies of the check number “G”, “10,000,000”, “H”, “H”, “10,000,000,” “the date of issuance,” “one check number “H”, “1,000,000,” “the date of issuance,” “I”, “one check number “I”, “1,00,000,000,” and “one check issued on June 22, 2016,” in the name of the Defendant, such as the following: (a) one check number “G”, “G”, “1,00,000,000,” and “one check number issued on June 22, 2016.”

However, on April 12, 2016, the Defendant did not pay three copies of the said check to the said bank during the period for presentment of payment, even though the said three copies of the said check were presented to be paid.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each accusation (including a copy of each check) statute;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the selection of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution) (Article 62(1) of the said Act (Article 62(1) of the said Act provides that the Defendant’s 10 copies of a check issued around the time of the instant case (total amount of KRW 1.35 million), with the exception of the three copies of the check of this case (total face value of KRW 1.5 billion) shall be recovered; the holder of the three copies of the check of this case has continued to borrow a loan transaction in which the Defendant received a check from the Defendant as security for a period of not less than seven years and lent money

1. Social service order under Article 62-2 of the Criminal Act;

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