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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
From October 26, 1994, the Defendant opened a check account in the name of B Bank's affiliated branch and the Defendant, and traded checks.
On May 31, 2018, the Defendant issued one check number “E”, “E” on the date of issuance,” and “3,000,000 won” at the office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul.
On December 31, 2018, the period for which the check was presented to the above bank during which the check was presented, but did not receive the check due to the shortage of deposit. From the above date to March 25, 2019, the Defendant decided not to pay for the total amount of KRW 14, total face value of household checks as shown in [Attachment Table Nos. 1 through 5, 8, 9, 11 through 16, 18, and 42,00,000 on each day of the presentation.
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation;
1. Application of Acts and subordinate statutes on transactions of passbooks;
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning facts constituting an offense and Article 2 (2) and (1) of the same Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The summary of this part of the facts charged, as indicated in the facts constituting the crime in the judgment, the Defendant, as indicated in the following: (a) from October 5, 2018 to March 20, 2019, did not pay an amount equivalent to KRW 12,00,000 in total amount of KRW 4 copies, and face value of household checks, as indicated in the No. 6,7,10,10, and 17, as indicated in the table of crime committed from around October 5, 2018 to March
2. Determination
(a) Where a check is recovered, a public prosecution shall not be instituted: Article 2 (4) of the Control of Illegal Check Control Act;
B. After the prosecution of this case, all the checks Nos. 6, 7, 10, 17 are recovered after the prosecution of this case.
Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act