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(영문) 대구지방법원 2017.11.09 2017고단3511
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who has been in charge of accounting affairs in the Daegu Dong-gu D Operation E.

1. On March 9, 2016, the Defendant violated the Illegal Number Table Control Act: (a) at the above E office without obtaining D’s consent; (b) without obtaining D’s consent; and (c) on the face amount column of the check paper (the check number F, the Daegu Bank Branch Office of the Issuing Bank, Dong Office of the Daegu Bank), the Defendant stated “14,00,000,000,000,000,000,000,000,000 on the payment day column; and (d) sealed D’s seal on the issuer column.

Accordingly, the Defendant forged a copy of the check in the name of D.

2. On March 9, 2016, the Defendant at the “H” office located in Daegu Northern-gu, Daegu Northern-gu, issued a false check discount, and exercised the check as if the check was issued genuinely.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on a copy of a forged check;

1. Relevant provisions of the Act on the Control of Illegal Check and Articles 5 (In the event of a check and the concurrent imposition of fines to imprisonment), 217 and 214 (1) (the exercise of a forged check and the choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing of Article 6 of the Regulation of Illegal Check Control Act and Article 334(1) of the Criminal Procedure Act, the issuance of forged checks with the amount of 14 million won at a discount of 13 million won and then the check is re-issued with the amount of 35 million won and then issued with an additional discount of 11 million won in light of the number and number of the checks issued with forged checks or with the discount of 13 million won.

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