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(영문) 수원지방법원 성남지원 2015.10.27 2015고단394
부정수표단속법위반
Text

1. The defendant shall be punished by imprisonment for one year;

2. Of the facts charged in the instant case, Nos. 1, 2, 7, 10, 12, 13.

Reasons

Punishment of the crime

1. On August 29, 2013, the Defendant, “2015 Godan394,” entered into a per-person check agreement with the male central branch of Korea on August 29, 2013 and traded checks under the name of the Defendant’s wife.

On November 17, 2014, the Defendant issued one check number F, face value 20,000,000, and one check number per bank in the name of D, which was as of December 17, 2014, at the management office of the building in Seongbuk-gu, Manam-si.

From that time until November 26, 2014, the holder of the check presented a payment proposal within the period for presentment of payment, but the Defendant did not pay the check due to the shortage of deposit, as shown in the attached Table 1 (excluding Nos. 1, 2, 3, 7, 10, 12, 13, 14, and 17 each time from that time until November 26, 2014).

2. On March 5, 2013, the Defendant entered into a check agreement with the Sungnam Central Branch of the Bank and traded the check under the name of the Defendant on March 5, 2013.

A. On November 22, 2014, the Defendant issued one check number G, face value of KRW 50,000,000, and issuance date of the check at the Defendant’s name as of December 22, 2014, one copy of the check number per bank under the Defendant’s name, and the said check holder offered a check on December 17, 2014, but failed to pay the shortage of deposits.

B. On December 6, 2014, the Defendant issued one copy of the check No. H, face value of 30,000,000 won, and the date of issuance under the name of the Defendant as of January 6, 2015, and presented the check No. 1 to the holder of the check on January 6, 2015 during the period for which the check No. 1 was presented, but did not receive the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to each accusation book and a copy of the number of shares per complaint;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act, the selection of imprisonment with labor for the crime concerned;

2. Aggravation;

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