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(영문) 인천지방법원 2014.09.18 2014고단929
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant

From July 18, 2007, the National Bank has opened a current account at the same seat of the National Bank and has traded checks.

1. On July 201, 201, the Defendant issued one check number “F”, “F”, “10,000,000,000,” and “date of issuance” under the Defendant’s name, and issued one check number per bank on August 21, 201 in the office of the E company operated by the Defendant, which was located in Jung-gu Incheon, Jung-gu, Incheon, Jung-gu, Incheon, and the Defendant offered payment to the said bank on August 21, 201, which was within the period of presentment for payment, but did not receive the disposition of suspension of transaction.

2. The Defendant issued, on August 21, 201, an amount equivalent to KRW 250,00,00 each of the two copies per share of the above bank in the name of the Defendant stated in E Co., Ltd. office as the check number “G”, “10,000,000 won”, “H”, “H”, “150,000,000 won”, and “date of issuance” as stated in paragraph (1) of the facts charged against the Defendant on August 21, 2011, and issued each payment to the above bank on August 21, 2013, which is within the period of payment proposal, and issued each of the two copies per share of the above bank in the name of the Defendant as indicated in the Defendant’s name as the “H”, “B”, “H”, “150,000,000 won”, but did not receive each disposition of suspension of transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning facts constituting an offense: Article 2 (2) and (1) of the Control of Illegal Check Control Act, the selection of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more (the first offender, etc. is considered in light of the motive of the crime);

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