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(영문) 청주지방법원 2017.05.18 2016고단2664
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 August 9, 1993, entered into a contract with a branch office of the National Bank’s order and was engaged in household check transactions. On February 24, 2014, the Defendant was subject to a disposition of suspension of transaction by the said bank.

On August 2013, the Defendant issued one copy of a family check in the name of the Defendant as of November 20, 2013, which was held on the date of issuance, in C offices located in Cheongju-si, U.S., the Defendant offered to the Bank on November 20, 2013, which was within the period of payment, but did not receive any shortage of deposit.

In addition, the Defendant issued the total sum of KRW 97,00,000 for household checks as shown in the list of crimes in the attached Table between the above day and February 2014, and presented it within the period of presentation by each holder, but did not pay each due to the shortage of deposits or the suspension of transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation or each family check;

1. Article 2 (2) and Article 2 (1) of the Control of Illegal Check Act concerning facts constituting an offense (or choice of imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are not good, such as that the amount of the instant default check reaches KRW 97,00,000. Not being supported by the recovery of damage. Do favorable sentencing factors: There is no criminal record exceeding the fine. Recognizing the error and reflectivity. Do’s other factors of sentencing under Article 51 of the Criminal Act, comprehensively taking account of the factors of sentencing, the sentence as indicated in the Disposition should be determined as ordered.

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