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(영문) 의정부지방법원 2015.11.24 2015고단1848
부정수표단속법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From December 18, 2009, the Defendant had entered into a check contract with the point of error of the national bank and entered into a check contract with the point of error of the national bank.

On February 15, 2015, the Defendant issued one check number “D”, “20,000,000”, “date of issuance”, and one check number “E”, “10,600,000,000,” and one check number “E”, “10,600,000,” and “date of issuance” under the name of the above company, and presented one check number to the above bank on February 16, 2015, respectively, for which each of the above holders issued a check at the time of presentment for payment, but did not receive any shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the amount of unpaid checks is relatively small in terms of favorable circumstances, such as the fact that there exists a history of having been sentenced to a suspended sentence of eight months in imprisonment for a violation of the Illegal Check Control Act of 2000 and a fine of seven million won in the year 2003, respectively:

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