beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 17, 2012, the Defendant entered into a check contract with the Daegu Bank's East Branch under the name of the Defendant, and traded household checks.
On January 20, 2014, the Defendant issued one copy of the check number “D”, “3,00,000 won”, and the issue date “1 January 20, 2014” in the said bank bank check in the name of the Defendant at the C Office operated by the Defendant in Seogu-gu, Daegu-gu.
On February 24, 2014, the holder of the check presented the payment order to the above bank on February 24, 2014.
However, the Defendant, as well as the fact that he did not receive deposits due to the shortage of deposits, was issued a total of 49,500,000 won of household checks 17 times from that time to February 10, 2014, and did not receive each of them due to the shortage of deposits or the suspension of transactions.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Application of Acts and subordinate statutes to each accusation and a detailed statement of check information;
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with Respect to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Selection of Penalties;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the Defendant’s failure to pay on the presented date after the issuance of each of the instant provisional coefficient marks; (b) the total face value of 17 copies of the non-paid checks reaches KRW 49.5 million; (c) there is no evidence suggesting that the Defendant made a practical effort to recover the checks as his whereabouts is unknown; (d) there is no criminal record against the Defendant; and (e) at the time of the police investigation, there is no reflect light of the Defendant’s age, character and conduct, environment, motive or circumstance of the crime; and (e) all the sentencing conditions including the Defendant’s age, character and behavior, motive or circumstance after the crime, etc.