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Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
From around 2004, the Defendant has entered into a check contract with the Japanese banking institution in order to carry out a check with the Japanese banking institution.
1. On June 29, 2012, the Defendant issued a check number D, face value “D”, “15,000,000,000”, and issuance date “ September 5, 2012,” in the name of the Defendant, at the office of the Defendant’s management company located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul) No. 301, Jun. 29, 2012.
On August 30, 2012, the holder of the check at issue, which was within the time limit for presentment of payment, presented the check, but the Defendant did not receive the suspension of transaction.
2. On June 30, 2012, the Defendant issued a check number “E”, face value of KRW 25,000,000, and issuance date on October 31, 2012 at the above C offices.
On August 16, 2012, the holder of the check at issue, which was within the time limit for presentment of payment, presented the check, but the Defendant did not receive the suspension of transaction.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to each letter of accusation by the Sg Standards Bank;
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In full view of the fact that the amount of illegal checks issued by the defendant in the reason of sentencing under Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act exceeds 40 million won, and that the defendant has no criminal power over the past time, the same sentence as the order shall be imposed.