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(영문) 광주지방법원 장흥지원 2012.10.18 2012고단53
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

From October 4, 2004, the Defendant entered into a check contract with Gwangju Bank E branch in the name of the Defendant’s management D Co., Ltd., and entered into a check contract with the F branch of the Jeonbuk Bank on August 11, 201 and the said D Co., Ltd. in the name of the F branch of the Jeonbuk Bank and entered into a check contract with

On July 15, 2011, the Defendant issued one check number “G”, “12,80,000,000”, and “No. 10, 2011,” in the name of D Co., Ltd., the issue date of which is “No. 10, 201.”

However, on October 1, 201, the holder of the check at issue, which was within the time limit for presentment of payment, presented the check to the above bank on October 11, 201, the Defendant did not receive the check as a disposition of suspension of transaction.

In addition, from around that time to September 15, 201, the Defendant issued a total of 318,100,000 won at 14 times as indicated in the attached Table of Crimes (excluding Nos. 2, 13, 15, 18) during the period from around that time to September 15, 201, and presented the check to the check holder during the period for payment, but each check holder failed to pay each deposit due to the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes to the President of the Gwangju Bank E branch and the F Branch of the Jeonbuk Bank;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the Selection of Imprisonment with labor for the crime;

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

1. Part concerning the dismissal of prosecution under Article 62 (1) of the Criminal Act;

1. From October 4, 2004, the Defendant entered into a check contract with Gwangju Bank E branch in the name of the Defendant’s management D Co., Ltd., and entered into a check contract with the former North Korean Bank F branch on August 11, 201 and the said D Co., Ltd. in the name of the former North Korean Bank F branch on August 11, 201.

The Defendant issued a check of the number of shares as stated in the table of annexed crimes Nos. 2, 13, 15, and 18, and presented the check to the above bank within the time limit for payment by each holder of the check, but the check is insufficient to make each deposit.

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