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(영문) 부산지방법원 2015.07.23 2015고단2070
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, [Attachment 8, 11, 12, 14, 15] Nos. 8, 15, 15.

Reasons

Punishment of the crime

The defendant was operating D from December 14, 1994 to Busan Nam-gu, and entered into a check number table contract with the Busan Bank of Korea from around December 14, 1994, and presented to the above D office with the check number "E", "E", "10,000,000 won" and "10,000 won in face value" as well as to issue one sheet of the unit number per Busan Bank of Korea from around September 14, 1997 from the time to August 1997, the defendant failed to pay it on the date of suspension of transaction. The defendant issued 11 of the check number table, total face value, 458,245,940 won as stated in attached Table No. 1 through 7,99,99, and issued them within the period of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, and I;

1. Application of each accusation and a copy of check Acts and subordinate statutes;

1. Article 2010 of the former Control of Illegal Check Act applicable to the crime;

3. Article 2(2) and (1) of the former Act before amended by Act No. 10185

1. The reasons for sentencing under the former part of Article 37 and Article 38(1)2 of the Criminal Act among concurrent offenders include the fact that the defendant recognized his or her errors and reflects all of his or her errors, the collection of some checks in the course of investigation and trial, and the fact that there was no significant criminal record in this case.

In light of the fact that the trust in the transaction of a check was impaired due to the instant crime, the issuance amount of a check which has not yet been recovered among the 17 pages of the check which was indicted is considerably larger than 458,245,940 won in total, and the fact that an escape abroad after the commission of the instant crime was committed for about 18 years, it is inevitable to punish it strictly.

Public Prosecution Rejection Parts

1. The Defendant is a person who operated D in Nam-gu Busan Metropolitan City, and from December 14, 1994, was entering into a check of the number of shares with the Busan Metropolitan Government-dong Branch from around December 14, 1994, and was engaged in the transaction of the check of the number of shares. In the foregoing D office on 197, the check number J is the check number J.

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