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(영문) 부산지방법원 2016.11.10 2016고단3371
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 2015, the Defendant violated the Illegal Check Control Act (hereinafter “D”) stated that “E”, “C”, “C”, “F”, and “F”, which were issued from F and possessed by F with a check number, “E”, “D”, “F”, and “F” with a face value at par value (5,000,000) and revised the check by marking F’s seal above.

Accordingly, for the purpose of exercising the right, the defendant altered a statement of the number of units in F name.

2. On February 2015, the Defendant exercised the altered securities event by delivering as if he were a check the altered number of units of the check to G who is aware of the alteration of the said check at the front of the foregoing paragraph 1 Embl.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes, such as a copy of the altered number of units;

1. Article 5 of the Control of Illegal Check Act applicable to a crime; Articles 217 and 214 (1) of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2, 201)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The former part of Article 6 of the Control of Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act;

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