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(영문) 전주지방법원 2015.08.13 2014고단1203
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, it is against the Illegal Check Control Act on April 30, 2014.

Reasons

Criminal facts (2014 Highest 1203) The Defendant entered into a check contract with the Samcheon-dong Branch of the Jeoncheon-do Bank and entered into a check contract on August 18, 201 under the name of Samcheon-dong Branch of the Jeoncheon-gun Bank and entered into a transaction on the number of units.

On February 22, 2014, the Defendant issued a check number “F”, “60,000,000”, “F”, and “B1 March 21, 2014,” under the name of “DD E” on the date of issuance.

On March 24, 2014, the holder of the check presented the check to the above bank on March 24, 2014, which was within the time limit for presentment of payment, but the Defendant did not pay the check as suspension of transaction.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to accusations, investigative reports (determination of the date of issuance of the current number of shares), and copies of the current number of shares;

1. The circumstances that are favorable for the defendant who does not have any record of being sentenced to heavier punishment than that of the same kind of crime or of fine for the reason for sentencing of Article 3(1), Article 2(2), and Article 1(1) of the Control of Illegal Check Act concerning criminal facts are divided into one’s wrong facts, or that the amount of the default on payment of the said check is considerably large.

The punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the records, such as the character and conduct of the defendant, the circumstances before and after the crime.

However, the defendant is not bound by the court in consideration of the fact that the defendant has left a trial in good faith, the defendant needs to be given an opportunity to recover damage, such as additional recovery of the check, etc.

Public Prosecution Rejection Parts

1. The summary of the facts charged (2014 Highest 1631) the Defendant entered into a check contract with the Samcheon Branch of the Samcheon Bank in the name of the former North Korean territory and entered into a check contract with the latter North Korean territory on August 18, 201.

On February 19, 2014, the Defendant became the check number “G”, the face value “20,000,000”, and the date of issuance.

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