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(영문) 대구지방법원 의성지원 2015.05.21 2015고단58
부정수표단속법위반
Text

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 became final and conclusive.

Reasons

Punishment of the crime

On January 26, 1994, the Defendant entered into a current account agreement with the former Hanmi Bank (former Korean City Bank) branches and carried out current account transactions.

around October 195, the Defendant issued one check number “C”, “50 million won”, “the date of issuance”, “the date of Jan. 19, 1996”, “Korea-U.S. Bank Yang Dong branch”, and presented a payment proposal on January 19, 196, which is within the period of presentment for payment, but did not receive due to the shortage of deposits.

The Defendant, including that, from around that time to January 15, 1996, issued five copies of check amount in five times, including the check amount in the attached list of crimes, which is the sum of KRW 158,500,000,000, and presented a payment proposal within the period for presentment of payment, but did not pay for the shortage of deposits, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each accusation book and each lot number copy;

1. Article 2(2) and (1) of the Control of Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010) applicable to the crime, and Article 2(2) and (1) of the former Illegal Check Control Act (amended by Act No. 101

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

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the sentence of imprisonment shall be imposed on the defendant in consideration of the following: (a) the total amount of the reasons for the sentencing of Article 62(1) of the Criminal Act exceeds KRW 150 million; (b) the amount of the above-mentioned value at the time of 1996 would have been the higher; and (c) the defendant does not enter the country to avoid criminal punishment

However, the defendant did not have any record of punishment for the same crime, and there were circumstances to consider the reasons for default, but the defendant had made efforts to voluntarily enter and collect the check, and when the check of this case is issued on a date other than the date of issuance and the actual date of publication of the check, it is immediately presented for payment.

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