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Reasons
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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3659
부정수표단속법위반
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From July 12, 2001, the Defendant entered into a check contract with B Bank’s calendar branch and Defendant’s name, and has traded the check number per unit.

On August 30, 2016, the Defendant issued one copy of the check number “E,” the check amount “10,000,000,000 won,” and one copy of the check number per bank in the name of the Defendant named as the date of issuance, and requested the check holder F to postpone the check payment at intervals of approximately three months and at intervals of approximately three months, the Defendant was unable to repay his debt until June 30, 2019, and the F exercised its right to supplement the check by stating the “F” as the date of issuance of the check on June 30, 2019.

On July 2, 2019, the Defendant, at the time of presentment of payment, failed to pay as suspension of transaction even though the check was presented to the above bank during the payment period. On the same day, the Defendant failed to pay suspension of transaction even though the total number of units (the total amount of KRW 966 million) issued by the Defendant was presented within the payment period, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol prepared by the prosecution (including F statements) of the suspect;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to a copy of fourteen copies of a check;

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. The scope of recommendation [decision of type] according to the sentencing guidelines, the issuance, etc. of illegal checks [type 1] the issuance and preparation of illegal checks / the check book [no person in special form] [the scope of recommendation field and recommendation range].

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