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(영문) 서울남부지방법원 2015.07.14 2014고단3083
부정수표단속법위반
Text

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

except that 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 October 16, 2013, the Defendant was sentenced to a suspended sentence of five months for violating the Act on the Guarantee of Workers' Retirement Benefits at the Seoul Southern District Court, and the judgment became final and conclusive on October 24, 2013.

From February 17, 1993, the Defendant entered into a check contract in the name of the Bank of Korea branch office and the Defendant as the representative director, and made a transaction of the check number table.

On November 12, 2013, the Defendant issued one check number E, face value 305,00,000, and one check number per share in the name of C Co., Ltd. on January 30, 2014, the date of issuance of which is January 30, 2014, at C offices located in Yeongdeungpo-gu Seoul Metropolitan Government, and issued a check on February 5, 2014, the check holder offered a check payment proposal, but did not receive a disposition of suspension of transaction.

Summary of Evidence

1. Statement of the defendant in court (statement 10th court date);

1. Each protocol of examination of the witness in relation to F and G;

1. A protocol of examination of partial suspect against the defendant (including F and G statements);

1. A written accusation (including a copy of an unclaimed check);

1. Application of Acts and subordinate statutes to a sales contract for calcium, evidentiary data on the settlement of expenses for Pium C imported calcium, a detailed statement on the settlement of expenses for Piumium, each foreign exchange transaction statement, detailed account passbook in TPPS foreign currency, inquiry into details of deposit transactions, details of passbook transactions, transaction details, each electronic tax invoice, statement

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1)(c) of the Criminal Act is that the amount of the check in this case exceeds KRW 300 million, the amount of the check in this case has not been returned to the present day or has not been repaid even if part of the check has been recovered, there has been a record of being punished for the same kind of crime, and the probation has been sentenced to a crime of violation of the Guarantee of Workers' Retirement Benefits Act, and the Defendant again reached this case within

However, the defendant shall import goods (pium calcium) on behalf of the defendant, as a proposal of Choh.

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