Text
Defendant
A shall be punished by a fine of 2,00,000 won and by imprisonment of 6 months for each of the defendants B.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
Defendant
B, on July 18, 2014, the District Court sentenced the Defendant to a violation of the Illegal Check Control Act for eight months. On June 16, 2015, the appellate court reversed the first instance judgment and sentenced the Defendant to a suspended sentence for eight months, and the said judgment became final and conclusive on June 24, 2015.
Defendant
A, the nominal holder of the instant check, and Defendant B, as the actual issuer of the instant check, are the parties to the instant check, and the Defendants are the married couple. From November 19, 2009, Defendant A entered into a check contract with the Macheon-si Branch and the said Defendant under the name of the Macheon-si Branch and the said Defendant.
On February 2, 2014, the Defendants issued a check number “F”, par value “F million won (5,000,000 won)”, Defendant A’s household check on May 31, 2014, which is the date of issuance, in collusion with the Defendants at the office of “D” household manufacturing factory located in Sincheon-si, Sincheon-si, and issued one copy of the check under the name of the Defendant A, which is the date of payment proposal, and issued on June 2, 2014, which is within the period of payment proposal, and the said bank did not receive as a disposition of suspension of transaction, from that time, the Defendants issued a check in the aggregate of four pages as indicated in the attached Table Nos. 1, 4, 12, and 23, and presented the check within the period of payment proposal, but did not receive as a disposition of suspension of transaction.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each accusation;
1. Copies of each defaulted check;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (report on the status of B trial cases of a suspect);
1. Relevant Articles of the Act on the Control of Illegal Check and the selected Defendants: Articles 2 (2) and (1) of the Act on the Control of Illegal Check and Article 30 of the Criminal Act (the fine to Defendant A, and the imprisonment to Defendant B, respectively)
1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;
1. Defendants from among concurrent crimes: the former part of Article 37 of the Criminal Code.