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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 10, 2016, the Defendant, as the real representative of D, acquired the said legal entity under the name of Pro-Japanese on January 10, 2016, and had already entered into a check contract under the name of the said legal entity, at the same time, entered into a transaction of the check with the point where the check was not held.
On June 1, 2016, the Defendant issued one copy of the check number “F”, “F”, “23,040,000 won” at the office of the said legal entity’s office, and one copy of the check under the name of the said legal entity as of July 1, 2016.
However, on July 1, 2016, the check holder presented the check to the above bank on July 1, 2016, which was within the period for presentation of payment, but did not pay the shortage of deposit.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Written accusation (No. 1 No. Serial No. 1 of the evidence list);
1. Application of the Act and subordinate statutes to photographs of the political party check (No. 2 of the evidence list);
1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, Article 2 of the same Act and Article 2 (2) and (1) of the same Act, and the selection
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of the fact that there is no record of punishment for the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., the punishment is determined as ordered.
Rejection of Public Prosecution
1. The Defendant of this part of the facts charged charged accepted the said legal entity under the name of He Pro-Japanese on January 10, 2016, as the de facto representative of D Co., Ltd., and had already entered into a check contract under the name of the said legal entity, at the time of the Gyeongnam’s entry into the said legal entity’s name, the check contract was
On May 21, 2016, the Defendant issued one copy of the check number “C” and the check amount “C” and “18,000,000,000 at the foregoing corporate office located in G, not in the Republic of Korea, and issued one copy of the check per the said corporate office in the name of the said corporate entity as of June 21, 2016.
However, even though the check was presented to the above bank on June 30, 2016, when the check was presented during the period for presentation, it is insufficient to make a deposit.