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Reasons
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(영문) 의정부지방법원 2019.07.24 2019고단1574
부정수표단속법위반
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A defendant shall be punished by imprisonment for one year.

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

1. On May 28, 1982, the Defendant entered into a check contract with B Bank's cambling point under the name of the Defendant, and traded household checks.

The Defendant had C issue a check number “D”, issuance date “F. 31 June 2001”, and “C. 1,000,000 won at par value” at a place where the location is unknown from March to April 2001.

On July 2, 2001, when the check was presented to the above bank on July 2, 2001, when the check was presented, the Defendant did not receive as a disposition of suspension of transaction, and the Defendant did not pay the sum of face value of KRW 8,000,000 as shown in the attached Table of Crimes List (1).

2. The Defendant, from September 28, 200, entered into a check contract with E organizations large Dong-dong Branch and F Co., Ltd. from around September 28, 200, and has traded the check number.

The Defendant issued a check number “G”, check amount “10,000,000,000,” and the issuance date “F Co., Ltd., Ltd., which was named as “F on June 28, 2001,” at a place where the location is unknown from March to April, 2001.

On June 28, 2001, the holder of the check at issue presented the check at issue on June 28, 2001.

However, the Defendant did not pay the deposit amount of KRW 213,270,000, as stated in the attached Form List of Crimes (2), including the fact that the Defendant did not pay the deposit amount.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the prosecutor's protocol of interrogation of the defendant concerning H

1. Each accusation;

1. Application of the Acts and subordinate statutes to the copies of each dishonored checks and those of each dishonored number sheet;

1. Article 2 (2) and (1) of the Control of Illegal Check Act (amended by Act No. 10185, Mar. 24, 2010) applicable to the crime and Article 2 (2) and (1) of the former Enforcement Decree of the Act on the Control of Illegal Check (amended by Act No.

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. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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