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(영문) 인천지방법원 2020.02.12 2019고단9091
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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, from around August 26, 1993, concluded a check contract with B Bank Do party branch and traded household checks. From February 5, 2001 to May 1, 2001, the Defendant issued one check number D, 4,200,000 won, and issued one check under the Defendant’s name “C” at the office of “C” located in Gyeonggi-si, the Gyeonggi-si, and “the issue date May 5, 2001,” and issued one check to be paid by the holder of the check on May 7, 2001, when the check was presented to pay the said check within the payment period, but did not receive the said check as a shortage of deposit, and received a disposition of suspension from February 10, 201 to May 1, 2001 as indicated in the attached Table No. 89,20,200,000 won per annum, and paid the check to the holder of the check within 20,501.

As a result, the defendant issued 21 copies of household checks equivalent to the total par value of KRW 93,420,000, but did not receive deposit shortage or transaction suspension.

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

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

1. Scope of recommendation [decision of types] according to the sentencing guidelines, issuance, etc. of illegal checks [Type 1] the issuance and preparation of illegal checks / Check section [the area of recommendation and recommendation range] without any person [the scope of recommendation and recommendation range] basic area, imprisonment for six months to one year;

2. The elements of the unfavorable sentencing, such as the fact that the check issued by the Defendant is a majority and the sum of the checks is not significant, and the Defendant has committed an escape life for about about 19 years, and the Defendant is subject to criminal punishment for the same crime.

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