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(영문) 서울중앙지방법원 2013.12.23 2013고단7291
부정수표단속법위반
Text

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

However, 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

From July 26, 1995, the Defendant entered into a check contract with the South Korea branch of the National Bank and the Defendant, and traded household checks under the name of the Defendant.

On April 2007, the Defendant issued a check number D, check amount “D”, “5,00,000,000 won”, date of issuance “7 July 24, 2007”, and one copy of the household check in the name of the Defendant, which is named as the “Gu-nam Branch of the National Bank” and “Gu-nam Branch of the National Bank”, and around that time, from July 2007 to July 2007, the Defendant issued a provisional coefficient list of KRW 12 of the household check and the total sum of KRW 59,531,526, as shown in the attached list of crimes.

However, even though each holder of the above checks presented a payment proposal to the above bank within the time limit for presentment for payment, the Defendant failed to pay the said checks as a shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning a crime, Article 2 (2) and (1) of the Act on the Control of Illegal Check of Punishment

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that efforts have been made to recover damage, such as recovering defaulted checks equivalent to the latest 30 million won, and the first offender, taking into account all the circumstances, such as the first offender);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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