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Reasons
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(영문) 수원지방법원 안산지원 2013.10.08 2013고단1106
부정수표단속법위반
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A defendant shall be punished by imprisonment for six 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

The Defendant and B operated the C Co., Ltd., Ltd., in e.g., from around 13, 2012, entered into a current account transaction contract with the South Korea Bank Intermediate Branch from around 013, 201 and entered into a current account transaction.

1. On August 2012, the Defendant issued one check number “E”, “E”, “amount of 18,400,000 won”, “the date of issuance”, and “ D” in the said D office, among which the holder of the said check presented a payment proposal on December 20, 2012, but did not pay due to the shortage of deposits.

2. On September 26, 2012, the Defendant issued one check number “F”, “F”, “amount-40,000,000 won”, “issuing date”, and “ issuer D” one check number, but the check number was presented on January 10, 2013, which was within the time limit for presentment of payment, but did not receive due to shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. A suspect interrogation protocol concerning B by the prosecution;

1. A written accusation;

1. An agreement;

1. Details of issuance of the check of each unit;

1. A copy of E per unit number, and F copy of per unit number; and

1. Application of Acts and subordinate statutes to investigation reports (Evidence records, 66 pages);

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act relating to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables the Selection of

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

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the Defendant’s reason for sentencing under Article 62-2 of the Social Service Order Act is against the Defendant; (b) the same kind of criminal records are not established; and

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