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(영문) 수원지방법원 2015.12.02 2015고단1966
부정수표단속법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From June 20 to June 20, 2012, the Defendant concluded a check contract in the name of C with a branch of the National Bank and an infant, and traded the check number table. From around June 20, 2012, in collusion with C, the Defendant issued 58,200,00 won in total on six occasions as stated in attached Table 4, 6, 12, 17, 18, and 30, and paid by each holder within the time limit for payment, but did not receive any shortage of deposits.

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, Article 30 of the Criminal Act and the choice of imprisonment for a crime

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

1. The summary of the facts charged in this part of the indictment concerning the dismissal of prosecution pursuant to Article 62 (1) of the Act on the Suspension of Execution is that "the defendant, in collusion with C, issued a check in collusion with C as stated in the attached list Nos. 1 through 3, 5, 7 through 11, 13 through 16, 19 through 29, and the holder of the check presented a payment proposal within the period for presentment of payment, but failed to pay the check due to the shortage of deposit."

This is a crime falling under Article 2 (2) and (1) of the Illegal Check Control Act, and where an issuer collects a check pursuant to Article 2 (4), a public prosecution may not be instituted. According to the records, the fact that the Defendant collected the said check after the institution of the instant public prosecution is recognized.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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