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(영문) 대구지방법원 2013.10.25 2013고단3297
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Criminal facts

On June 5, 1991, the Defendant entered into a check with a large-scale branch of our bank, and issued a check of shares.

On August 5, 2012, the Defendant issued a check number E, face value E, 620,000 won, one check number per bank under the name of the Defendant as of November 5, 2012, and issued one check number per bank under the name of the Defendant as of November 5, 2012, and presented a payment proposal within the period for presentment of payment, but each holder issued a check number of KRW 195,78,00 in total as of November 2 through 9, 2012, and presented a payment proposal within the period for presentment of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each accusation;

1. Application of Acts and subordinate statutes on default checks;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables

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

1. Although the amount of the check in which the reason for sentencing under Article 62(1) of the Criminal Act has not yet been recovered is equivalent to the amount of the check in which the defendant has not yet been recovered, the defendant has divided his wrongness, has no record of criminal punishment, has attempted to collect the check by disposing of the real estate, which is the only property of the defendant, and there are circumstances to consider the unrecied situation, and other circumstances of this case including the defendant's age, character and conduct, health status, home environment, and circumstances

Public Prosecution Rejection Parts

1. The summary of the facts charged is that on June 5, 1991, the Defendant entered into a check with a large number of shares with a bank name-dong branch and issued a check of shares.

On August 5, 2012, the Defendant issued a check number F, face value F, 6,860,000 won at D offices operated by the Defendant in Daegu-gu, Daegu-gu, the date of which August 2012, and presented a payment proposal within the payment proposal period.

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