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(영문) 제주지방법원 2014.09.26 2014고단1099
부정수표단속법위반
Text

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

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

On April 7, 2004, the Defendant entered into a check contract with the Southern Branch of Jeju Bank in the name of the Defendant, and traded the check of the number of shares.

1. On December 14, 2013, the Defendant issued one check number “D,” the check amount “37,680,000,000,” and one check number per bank under the Defendant’s name as the date of issuance “the date of April 20, 2014,” and issued one check number per bank under the Defendant’s name and presented the check number to the said bank on April 21, 2014 during the period of presentment for payment by the holder of the check, but did not receive a disposition of suspension of transaction.

2. On December 20, 2013, the Defendant issued one copy of the check number “E”, the check amount “30,000,000 won”, and the date of issuance “30,000,” and issued one copy of the check number per bank under the Defendant’s name and presented the check to the said bank on March 31, 2014 during the period for which the check was presented, but did not receive the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the invoice and the number of shares per party;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with Respect to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Selection of Penalties;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A sentence identical to the disposition shall be imposed in consideration of the above circumstances, including the following circumstances, circumstances leading to the crime, the age of the defendant, character and conduct, and the circumstances after the crime, such as the fact that the check amount is high: the first offender, and the fact that the check appears not to have been recovered due

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