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(영문) 서울북부지방법원 2017.02.16 2015고단13
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On August 20, 2012, the Defendant entered into a check contract with a branch office of a bank dialogue in the name of Korea on August 20, 2012 and traded over the check.

around July 2012 to August 8, 2012, the Defendant issued an amount equivalent to KRW 56,70,000 in the aggregate of the two copies of the check in the name of (State) I, as shown in the attached Table 7,9 re-case No. 7,00 operated by the Defendant, which is located in the Dongdaemun-gu Seoul Metropolitan Government J building 610, and the Defendant did not receive as the suspension of each transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of accusation (receiving number 2013-688) and a copy of a check attached thereto (K);

1. Application of Acts and subordinate statutes to a written accusation (receiving number 2013-81) and a copy of a check attached thereto (L);

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 same Act (Selection of Imprisonment);

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

1. The part dismissing the public prosecution under Article 62 (1) of the Criminal Act

1. The summary of the facts charged is as follows: (a) the Defendant issued the total sum of KRW 179,300,000 in the name of Section I, as shown in Section 1 through Section 6, and Section 8 of the List of Crimes in Annex I, but did not receive any shortage of deposits or any suspension of transactions.

2. The facts charged in this part of the indictment are crimes falling under Article 2(2) and Article 2(1) of the Illegal Check Control Act, and where a person who has issued or prepared a check pursuant to Article 2(4) of the Illegal Check Control Act collects the check, a public prosecution may not be instituted. Since the Defendant recovered the check after the institution of the indictment in this case, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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