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(영문) 춘천지방법원 강릉지원 2014.06.11 2013고단906
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in this case, each statement of the number of units listed in attached Tables 1 and 6 of the daily list of crimes.

Reasons

Punishment of the crime

The defendant is a person who opened a current account at the Gangseo-gu Regional Finance Headquarters of the Suhyup Bank around October 27, 1997 and has traded the check with the above bank in the course of operating the (StateE) E in Gangnam-si.

On May 16, 2013, the Defendant issued a check number of KRW 10 million at the Defendant’s office at the Defendant’s above office, and (a) the Plaintiff, the holder of the said check, issued a check number of KRW 2,3,5,8,000 in total five times from July 30, 2013, such as the check number of KRW 91,00 and the check number of KRW 91,00 in total,00,000 in total, even though the check was presented on September 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each G statement;

1. Each accusation (a statement on investigation records 38, 43, 48, 73, 93);

1. Application of Acts and subordinate statutes (a copy of an investigation record, 40-41, 45-46, 50-51, 75-76, 94-95);

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act (Selection of Imprisonment) applicable to the crimes and Article 2 (2) and (1) of the Act on the Illegal Check Control

1. From among concurrent crimes, there are favorable circumstances such as the fact that the defendant's mistake is recognized and repented for the reason of sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, the fact that there are no records of other crimes other than those sentenced to two fines, the fact that he raises the children of class 2 with intellectual disability, and the fact that a significant portion of the checks on default was recovered, such as recovering the checks of class 1, 4, 6, and 7 of the attached list of crimes, among the concurrent crimes. However, the punishment as ordered in the Disposition shall be determined by comprehensively taking into account the various circumstances, such as the fact that the amount of damage caused by the crime of this case exceeds a large amount of KRW 91,00,00,000.

Public Prosecution Rejection Parts

1. The summary of the facts charged was that the Defendant, as indicated in [Attachment 1] No. 1 and 6, issued a check of shares per unit, and did not pay the same.

2. The Illegal Check Control Act.

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