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(영문) 수원지방법원 2019.11.26 2019고단3010
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2018, the Defendant entered into a check contract with B Bank Transfer Control Points and has traded the check of the number of shares.

On August 31, 2018, the Defendant issued three copies of the check number “F”, “2,40,000”, “F”, “22,40,000”, and “the date of issuance” under the Defendant’s name to the employees of the E company, and issued one copy of the check number under the Defendant’s name “F”, “22,240,000,” and “the said check was issued on October 31, 2018, when the check holder presented the check payment proposal, but did not receive the shortage of deposit.” On the same day, the Defendant issued three copies of the check number of KRW 62,240,00 per share as indicated in the attached list of crimes on the same day, and each check holder presented a payment proposal within the period of payment proposal, but did not receive a shortage of deposit or a suspension of business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

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

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

1. Article 62 (1) of the Criminal Act;

1. The total face value of the check which has not been paid with the reason for sentencing under Article 62-2 of the Criminal Act shall not be reduced to 62,240,000 won;

However, among Chapter 11, Chapter 8, which was issued by the original defendant, were recovered in the course of investigation, the fact that there was no previous convictions, etc. shall be considered as favorable to the defendant, and other factors of sentencing specified in the arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

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