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(영문) 대전지방법원 2018.08.13 2017고단4347
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, each of the false reports is made.

Reasons

Punishment of the crime

The Defendant, as the actual operator of BB in Eunpyeong-gu Seoul, was subject to the suspension of transaction on October 6, 2016 while entering into a check contract with the branch office in the Industrial Bank of Korea from May 12, 2016, and the Defendant was subject to the suspension of transaction on the part of the party check transaction.

On September 2016, the Defendant issued one check number “BN”, “BN”, and “BN” to BM, and issued one check with a blank date, with a supplementary right to the face value of KRW 80,000,000 at face value and issue date, and supplement BM’s face value on the check at face value around that time, and the issue date on December 7, 2016.

Around December 7, 2016, the Defendant, who was the last holder of the said check, presented the said check to the branch office of the Industrial Bank of Korea (the Industrial Bank of Korea) of the Bank of Korea, but did not pay for the reason of the suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against BO;

1. Application of the Acts and subordinate statutes to the charge book (number BN), copy of the check check (number BN), investigation report (verification related to BN of the check)

1. The punishment is determined as ordered by taking into account the following circumstances: the pertinent legal provisions on criminal facts and Articles 2(2) and 2(1) of the Regulation on the Regulation of Illegal Check Act (elective Selection of Imprisonment) with respect to criminal facts and the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc., and the conditions of sentencing as shown in the argument of the instant case.

The favorable circumstances: The fact that there is a record of being punished several times for the same crime: the crime during the suspension period; the fact that the face value of the checks that have not been recovered due to the default was not small as the 80 million won; the fact that there was no effort to recover the damage after the default; and the fact that the full damage has not been recovered until now.

1. The Defendant of this part of the facts charged is Seoul.

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