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(영문) 수원지방법원 2016.01.13 2015고단4032
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the attached list of crimes (1) Nos. 2, 4, 6, 7, 9, 9.

Reasons

[Judgment of the court below] The crime history

1. On May 3, 2007, the Defendant opened the same number of original branches and current accounts of a new bank under the name of limited company C, and issued a check.

On September 6, 2008, the Defendant issued one check under the name of limited company C, with the check number “E”, “E” on the date of issuance, and face value “52,00,000 won” at the Defendant’s office located in Sung-si, D, and from that time, the Defendant issued one check under the name of limited company C, with the face value “52,00,000 won.”

9. From the date of March 30, each holder of a check issued 148,330,00 won per unit check as set forth in the attached Table Nos. 1, 3, 5, and 8 of the daily table of crime (1), and presented the payment to the said bank within the period for presentation, but did not receive the payment as a disposition of suspension of transaction.

2. On June 7, 2007, the Defendant opened an account of the same number of original branches and current accounts of a new bank in the name of F and issued a check.

On October 27, 2008, the Defendant issued one check number “G”, “G”, “40,000 won”, and “40,000 won per check” at the Defendant’s office located in D on October 27, 2008, from that time until November 11 of the same year, from that time, the Defendant issued one check with the face value “40,000 won” as well as from that time until November 1 of the same year, and presented the check number KRW 95,50,000 per check to the above bank within the payment period, but did not receive a suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

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

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 Control of Illegal Check and Punishment;

1. The Defendant’s crime of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is detrimental to the trust in the transaction of checks. The total face value of the unclaimed check is not significant, and the Defendant appears to have been living for a considerable period after the commission of the crime.

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