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(영문) 대구지방법원 포항지원 2015.12.03 2014고단1364
부정수표단속법위반
Text

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

Reasons

Punishment of the crime

From May 23, 1990, the Defendant issued the check as the date of issuance on December 31, 2014, the three copies of the check number per total face value of 110,000,000 per unit value per 1,10,000 per unit value per 1,000,000 per face value, and the check number of 30,000 per unit value per 1,00,000 per unit value per 1,00,000 per unit value per face value from the Defendant’s operations farms located in North-gu, North-gu, North-si, Dong-si around February 13, 2014.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Each accusation;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a check);

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act, the choice of punishment for an offense, and the choice of imprisonment;

1. Of concurrent crimes, there are circumstances that can be taken into account such as: (a) the reason for sentencing under the former part of Article 37, Articles 38(1)2, and 50 (an aggravated punishment for concurrent crimes by concurrent crimes against the crime of violating the Illegal Check Control Act due to the refusal of payment in Chapter 1 of the number of shares which is the largest par value of the principal) of the Criminal Act; (b) the defendant has no criminal history of punishment or penalty exceeding the fine for the same type of crime; and (c) the fact that the defendant recovered a considerable portion of the number of shares in which he has defaulted; and (d) the number of shares in this case is the remaining number of outstanding shares.

However, in light of the fact that the sum of the instant checks is equal to KRW 110 million, and the agreement or the repayment of damage was not made at all, and that it is difficult to expect the payment of damage in the future due to the Defendant’s unknown whereabouts after the failure to pay the checks.

Specifically, in determining punishment, various sentencing factors indicated in the records, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, are considered in addition to the above circumstances.

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