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(영문) 서울남부지방법원 2019.11.27 2019고단3612
부정수표단속법위반
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From December 15, 1989, the Defendant concluded a check contract with B Bank and the Defendant and traded the check.

Around February 198, the Defendant issued a check number “E”, issuance date “E”, “five million won”, and “five million won” under the Defendant’s name and presented a check to the bearer on March 23, 1998, which was within the time limit for presentment for payment, but did not receive as suspension for transaction. In addition, the Defendant issued 14 copies of the household check of KRW 62,80,000 in total face value and presented each check within the time limit for payment, as indicated in the attached list of crimes, and presented it to the holder of the check to pay each check within the said time limit for payment, but did not receive as suspension for transaction.

From December 15, 1989, the Defendant concluded a check contract with B Bank and the Defendant and traded the check.

On February 3, 1998, the Defendant issued a check number “F”, “F”, “date of issuance on October 29, 198”, “five million won”, and “five million won” under the name of the Defendant at the D office operated by the Defendant in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and presented a check to the holder on October 30, 1998, when the check was presented to pay the check, but the check was not paid as a disposition of suspension of transaction.

Summary of Evidence

"2019 Highest 3612"

1. Defendant's legal statement;

1. The head of each accusation and each household check "2019Nomen4076";

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the accuser and household check copy;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the selection of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

A. Crimes Nos. 1, 2, and 3 (Violation of the Illegal Check Control Act) [Determination of Punishment] Crimes in Violation of the monetary, securities, and illegal Check Control Act]. Issuance, etc. of illegal checks [Type 1].

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