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(영문) 서울동부지방법원 2014.07.10 2014고단1012
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who operates C (State) in the Republic of Korea, and D is a representative director in the name of the above C (State), and the defendant's wife.

From October 5, 1995, the Defendant entered into a check contract with the National Bank Cancer Branch and D under the name of the Defendant, and has traded the check number per unit.

On June 19, 2013, the Defendant issued one copy of the check number E, the check amount “12,50,000,000” at the above C’s office. On October 11, 2013, “Date of Issuance” was issued on October 11, 2013.

On October 13, 2013, the holder of the check presented the payment order to the above bank on the date of presentment for payment.

However, the defendant did not receive the suspension of transaction.

In addition, from around that time to August 25, 2013, the Defendant issued the total amount of KRW 5 per unit number and KRW 63650,000 in total five times, as shown in the attached list of crimes, and each holder of a check presented payment to the said bank within the period for presentation, but the check did not receive each payment as a disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

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 facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment or punishment exceeding a fine for the same crime; partial recovery of damage; efforts to recover from damage

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