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(영문) 부산지방법원 2019.06.10 2018고단2933
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

From May 23, 2007, the Defendant concluded a check contract with B Bank's instigates Points and has traded the check of the number of units.

around May 2017, the Defendant issued one copy of the check number “E”, “4,670,000 won”, “4,670,000 won”, and “7,” under the name of the Defendant as of July 31, 2017 of the date of issuance, and issued one copy of the check number per bank under the name of the Defendant. On July 17, 2017, the holder of the check presented the check payment to the above bank on July 17, 2017, which is within the period of payment proposal, but did not pay the check as non-transaction, and did not pay the check 49,670,00 won in total over 10 times as indicated in the attached Table 1.

From June 5, 2012, the Defendant entered into a check contract with B Bank in the name of his wife F, and entered into a check contract with B Bank in the name of his wife F.

On May 30, 2017, the Defendant issued one copy of the check number “H”, “3,00,000 won”, and “F” under the name of F as of June 30, 2017 of the date of issuance at the G office operated by the Defendant in Jung-gu, Busan, Busan, and issued one copy of the check number per bank in the name of F. On June 30, 2017, the holder of the check presented the check payment to the Bank on June 30, 2017, which is within the period for presentment of payment, but did not pay the shortage of deposit, and did not receive the check equivalent to KRW 27,00,000 in total nine times as indicated in the attached Table 2.

Summary of Evidence

"2018 Highest 2933"

1. Statement of the accused in the first protocol of trial;

1. Each accusation letter "2018 Highest 3716";

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol regarding F;

1. Application of the Acts and subordinate statutes 25 copies of a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the choice of imprisonment for a crime;

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

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal provisions;

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