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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
From March 13, 2008, the Defendant entered into a check contract with the Defendant in the name of the Military Bank of Korea and has traded household checks.
On February 1, 2016, the Defendant issued one copy of the family check in the name of the Defendant, “D”, “3,000,000 won”, “30 March 30, 2016” and “a branch of the Nonghyup Bank,” the payment date of which is the Defendant’s office operated by the Defendant in Pyeongtaek-si B, and one copy of the family check in the name of the Defendant.
On March 31, 2016, the holder of the check presented the check to the above bank on March 31, 2016, within the period for presentation, but the defendant did not pay the check in shortage.
In addition, from around that time to April 6, 2016, the Defendant issued a total of 6 million won as set forth in [Attachment Table 2 and 7] Nos. 2 and 7, but did not pay for the shortage of deposits.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to written accusation and photographs of checks;
1. Article 2 (2) and Article 2 (1) of the Control of Illegal Check Act concerning facts constituting an offense (or choice 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. Determination on the application of the O sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the suspended sentence: The part dismissing public prosecution taking into account all the circumstances, including the fact that the non-applicableO amount was defaulted due to non-applicable failure to receive or the recovery of eight chapters from the defaulted check;
1. The summary of the facts charged was as follows: (a) the Defendant issued a check equivalent to KRW 24 million in total, as set out in Nos. 1, 3, 4, 5, 6, 8, 9, and 10 of the list of crimes in the annexed crimes, but did not pay for the shortage of deposits.
2. The reason for dismissing the public prosecution was that the defendant recovered the checks in the above eight Chapters after the closure of pleadings;