logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2012.09.27 2012고단3424
부정수표단속법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From August 14, 1996, the Defendants entered into a check contract in the name of the Ministry of Agriculture, Forestry and Fisheries and the Defendant A’s former wife and entered into a check contract in the name of the said Ministry.

around August 19, 201, the Defendants conspired to issue one check number “F”, “5,00,000,000,” and the date of issuance “F” under the above C’s name as “E” and offered payment to the above bank on November 25, 201, which is within the time limit for the presentation of payment, but did not receive as suspension of transaction, at the same place between the time and the beginning of November 201, 201, the Defendants issued a check number “F”, “5,00,000,000,000,000,000 won for total sum of 21 times as indicated in the attached Table Nos. 1 through 5,7 through 11, 13 through 18, and 20 through 24, and each of the above holders did not pay a check within each time limit of deposit.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning suspect interrogation of C;

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

1. Relevant Articles of the Act on the Control of Illegal Check and the Defendants’ Selection of Punishment: Articles 2 (2) and (1) of the Criminal Act and Article 30 of the Criminal Act;

2. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act.

3. Defendant B of suspended execution: The reason for sentencing (such as the confession of a criminal act, the fact that there is no criminal record exceeding the same kind and fine, the degree of participation in each of the crimes in this case) under Article 62(1) of the Criminal Act (including the degree of participation in the crimes in this case), the fact that there is a violation and the fact that some checks have been recovered, shall be considered as favorable circumstances.

However, the amount of the check which has not been paid in this case exceeds KRW 100 million, the defendant has a criminal record of imprisonment in the same kind, and the check is issued.

arrow