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(영문) 광주지방법원 2015.09.03 2015고단87
부정수표단속법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On December 5, 2014, at least 11:00, the Defendant: (a) filed a complaint against himself under the suspicion of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) at the high-tech financial center of the Gwangju Mine-gu (170), and (b) agreed on the above suspected case; (c) granted C a cashier’s check issued by the relevant Gwangju Bank under the pretext of agreement, 10 pages ( check number D-E5, F-G-5, face value of KRW 100,00).

Nevertheless, at around 13:00 on the same day, the Defendant lost ten copies of the said check at the above bank, and the Defendant prepared two copies of the accident report stating the intent to refuse payment and to request payment, and submitted them to the above bank employees whose name is unknown, and filed a false report with the financial institution in order to avoid payment of the amount of the check.

Summary of Evidence

1. C’s legal statement;

1. Each investigation report (Attachment of a letter of withdrawal of a complaint, withdrawal of a complaint by the complainant, attachment of a copy of a defaulted check, attachment of an accident report, date and time of the actual report on a check);

1. The mobile phone text messages printed out (the defendant and his defense counsel claimed that the defendant issued ten copies of the above cashier's checks to C under the pretext of agreement. However, the following facts revealed by the evidence revealed, namely, the following facts: ① from September 26, 2014 to October 3, 2014, the defendant filed a complaint against the defendant as a crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., on the ground that the defendant, who had been working in the H's restaurant from September 26, 2014 to October 3, 2014 and had the defendant stop working on the ground of his/her negligence, etc., posted false facts on the Internet as to whether he/she recycled food in the restaurant; ② in this regard, the police check on November 15, 2014 to the defendant and C was finished; ③ the defendant demanded the defendant to deposit in his/her name through the mobile phone text messages, and give an opportunity to the defendant.

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