(영문) 서울동부지방법원 2014.08.28 2014고단2156

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(영문) 서울동부지방법원 2014.08.28 2014고단2156

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

From July 20, 2001, the Defendant entered into a check contract in the name of the Bank branch and the Defendant, and traded household checks.

Around June 2008, the Defendant issued a check number “E”, “5,00,000 won”, “date of issuance” under the Defendant’s name, and presented a check to the above bank on September 25, 2008, which was within the period of presentment for payment by the check holder, but did not receive as suspension of transaction.

In addition, from May 2008 to August 2008, the Defendant issued 16 copies of the household check equivalent to the total face value of 80,000,000 won as stated in the crime sight table and presented it within the period of each payment proposal, but the bearer did not receive the shortage of deposit and the suspension of transaction.

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 applicable to the crime;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime committed by a defendant with no sufficient deposit amount after issuing a provisional coefficient list, and is disadvantageous to the defendant.

However, the fact that the defendant is recognized to commit the crime, that the defendant is the first offender who has no previous conviction, that the defendant seems to have caused the crime of this case by bad management, etc. in the course of operating the agency for infant goods, and that the health of the defendant is not good, etc. are favorable to the defendant.

Other circumstances that form the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background leading up to the criminal defendant, the age, character and conduct, environment, motive and circumstances of the criminal act, the result of the criminal act, and the circumstances after the criminal act, etc.

참조조문

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