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(영문) 서울동부지방법원 2020.09.09 2020고단1237
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On September 3, 2008, the Defendant entered into a check contract with the new branch of B Bank on September 3, 2008 under the name of the Defendant and traded household checks.

On July 2019, the Defendant issued one copy of the above bank household check in the name of the Defendant, which was named as the check number C, “C” on the date of issuance, “C, 16, 2019,” and “5,000,000 won at a face value.” On November 18, 2019, the holder of the above bank presented payment proposal to the above bank, but did not receive the shortage of deposit.

From around that time to September 2019, the Defendant issued a 11-7, 9, 11-13 of the attached list of crimes, which is equivalent to 5,00,000 won for the household check 11 times by the same method, and each holder presented a payment proposal within the period of payment proposal, but the Defendant did not pay for the shortage of deposits.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on each accusation and household check;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Violation of the Illegal Check Control Act) / Issuance, etc. of Illegal Check / [Class 1] Issuance and Preparation of Illegal Check / Check / No check book [Special / No person] [Recommendation field and Scope of Recommendation Form] basic area, imprisonment with labor for six months to one year;

B. The second crime (violation of the Illegal Check Control Act) [Determination of Penalty] Issuance, etc. of Illegal Check (Type 1] No person who issues, prepares and prepares illegal Check / Check / No person who is a special person] [Recommendation and Recommendation / The scope of Recommendation / Imprisonment with prison labor for six months to one year.]

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