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(영문) 서울북부지방법원 2017.10.26 2017고단3488
부정수표단속법위반
Text

The punishment of defendants shall be six months.

The execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

annex.

Reasons

Punishment of the crime

From around 191, the Defendant entered into a check contract with the office of the National Bank in Jongno-gu Seoul, Jongno-gu, 4A, and has transacted in household checks.

On December 9, 2016, the Defendant issued one copy of the household check in the name of a national bank under the name of the Defendant, which was named as the check number C, D, face value “4 million won,” and date of issuance “28 February 2017,” in Seoul Jongno-gu Seoul, Jongno-gu B 1st floor.”

In February 28, 2017, a check holder presented a check on February 28, 2017, but did not pay a check due to the shortage of deposits.

From this point of time until January 24, 2017, the Defendant issued the household income table of KRW 58,50,000,000 in total, from 1,2,4 to 11,13, and 15,000,000 from this point of time, and the checks were not paid as suspension of transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of a copy of household check;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning criminal facts;

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

1. Determination of a suspended sentence under Article 62 (1) of the Criminal Act;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

No. 1 work experience in fine.

It is the fact that the project has been conducted for a long time.

Dismissal of Public Prosecution

1. The Defendant issued a family deposit table No. 3 and 12 of the list of offenses in the indictment, and the check was not paid as a shortage of deposits or a disposition of transaction politics.

2. After a public prosecution was dismissed, the check was withdrawn (Article 2(4) of the Illegal Check Control Act).

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