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(영문) 대전지방법원 2016.04.11 2015고단3910
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From April 7, 1994, the Defendant entered into a check contract with the Kocheon Branch of the Nonghyup Bank and from June 20, 2007, the Bank of Korea entered into a check contract with the Defendant and traded the check.

1. On July 2015, the Defendant issued one copy of the check number at the E office located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, the Industrial Bank of Korea note 1 on December 16, 2015, “The date of issuance,” “50,000,000 per face value” in the name of the Defendant.

The above check was presented to the Nonghyup Bank during the period of presentation for payment, but the defendant did not receive the suspension of transaction.

2. On July 2015, the Defendant issued one copy of the check number per Nonghyup Bank under the name of the Defendant, “G”, “G”, “62,678,000 won” at the E office located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, and the face value “62,678,000 won.”

The above check was presented to the Nonghyup Bank during the period of presentation for payment, but the defendant did not receive the suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation book and a copy of a check for each party (the sequence 1, 2, 7, 8 of the evidence list);

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Regulation of Illegal Check of Punishment;

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

1. The fact that the amount of a check has not been paid after the Defendant issued the reasons for sentencing under Article 62(1) of the Criminal Act is disadvantageous to the Defendant.

However, considering the favorable circumstances, such as the fact that the defendant has committed a crime against himself and has not committed a second offense, and that there is no criminal record since 1994, the decision to commence the rehabilitation procedure has been issued at the same time, and the defendant has been appointed as a manager at the same time.

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