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(영문) 서울북부지방법원 2016.08.19 2015고단3159
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 10, 2014, the Defendant entered into a check contract with a foreign exchange bank and a stock company B, and traded over the check.

"2015 Highest 3159"

1. On February 6, 2015, the Defendant issued a copy of check number D, check amount “D”, “280,000,000 won” and “the date of issuance on May 29, 2015,” at the office of a stock company B operated by the Defendant in the Dong-gu Seoul-gu, Yongsan-gu.

However, the defendant presented to the bank on May 29, 2015, which was within the time limit for presentation of payment by the holder of the check, but did not pay as a suspension of transaction.

"2016 Highest 1165"

2. On November 2, 2014, the Defendant issued one sheet of check number “F”, “F”, “50,000,000” and “F. 30 April 30, 2015” at the construction site of an officetel in the Nam-si, Nam-gu, Gyeonggi-do.

However, the defendant had lawfully presented the check on April 30, 2015, which was within the time limit for presentation, but did not pay as a suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to each accusation book and a copy of the check;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, and Article 2 (2) and (1) of the Act on the Control of Illegal Check and Selection of Imprisonment;

1. The sentence of imprisonment shall be imposed in consideration of a large amount of check which has not been paid the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 38(1)2, and Article 50 of the same Act, and considering the fact that the defendant is the primary offender and the defendant is also living in an economically difficult life due to the bankruptcy of the company, the sentence shall be determined as per the order; and

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