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(영문) 의정부지방법원 고양지원 2017.10.20 2017고단2584
부정수표단속법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant is the actual operator of “P” corporation located on the second floor of the Seoul Southern-gu O building and “R” located in Sungnam-gu Seoul Metropolitan City Branch Q.

1. From February 11, 2016, the Defendant entered into a check contract at a point in the territory of the Republic of Korea Scadd World Bank, Youngbu Bank, and P Co., Ltd., with respect to the check, and traded the check.

On January 1, 2017, the Defendant issued one copy of the check number “S”, “S” at the face value”, “S 10,000 won”, “the date of issuance”, and “one copy of the check on March 10, 2017” on the date of presentation at the above P office.

On March 10, 2017, the Defendant issued the check of KRW 142,510,000 in total eight times from around that time to April 24, 2017, as shown in the list of crimes in the attached Table, and did not receive the disposition of suspension of transaction, even though the check was presented to the above bank around March 10, 2017, which was within the period for presentation.

2. From May 16, 2016, the Defendant concluded a current check contract with the agricultural branch of Korea and R Co., Ltd. from May 16, 2016, and traded the current check.

On October 2016, the Defendant issued a check number “T”, “T”, “20,000,000”, “date of issuance”, and “one copy of the check on April 22, 2017” on the date of presentation.

On April 22, 2017, the Defendant did not pay the said check as a disposition of transaction politics even though it was presented to the said bank on April 22, 2017, when the payment period was presented.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

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 Act on the Control of Illegal Check of Punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: Absent circumstances unfavorable to the sentencing of Article 38(1)2, and Article 50 of the same Act: Absently, the instant crime was committed by a majority, and the amount

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