Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
[2016 Height3391] The Defendant is a person who engages in the business of manufacturing and constructing favorable products with the trade name “E” in Seongdong-gu Seoul Metropolitan Government D.
Around January 22, 2008, the Defendant entered into a contract with a new bank station and a unit of shares under the name of the Defendant, and has traded the current unit of shares.
On March 1, 2016, the Defendant issued one check number “F”, “20,000,000”, and one check number per unit in the Defendant’s name named as the date of issuance “F” (attached Form 1 No. 2) at the above “E office,” and the bearer of the said check issued a check at the above bank on July 11, 2016, which is within the period of presentment for payment.
However, the Defendant issued a total of 35 million won per unit on three occasions, as stated in the attached Table 1 Serial 2, 4, and 5, including that the above number of units was not paid as a disposition of suspension of transaction, but did not pay for the reason of suspension of transaction.
Summary of Evidence
[2016 Highest 3391]
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Application of each statute on a written accusation;
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to a crime.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The portion dismissing the prosecution under Article 62 (1) of the Criminal Act (including the fact that it has endeavored to recover the checks to the maximum extent possible, the total issuance amount of three copies of the remaining checks is 35 million won, the fact that it has no record of performing the same kind of crime, the fact that it has not been divided in depth, the fact that there has been no record of more severe punishment than the fine (two times), the age of the defendant
1. Violation of the Control of Illegal Check Control Act with respect to a check listed in 1/2 (B) and 3 (C) listed in attached table 1 of the list of crimes;
A. The facts charged [2016 Highest 3391] The Defendant is a person who runs a business of manufacturing and constructing favorable products with the trade name “E” in Seongdong-gu Seoul Metropolitan Government D.
A new bank in the name of the defendant around January 22, 2008.