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(영문) 수원지방법원 안산지원 2014.06.16 2013고단2272
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2005, the Defendant entered into a check contract with the old-dong branch of the Industrial Bank of Korea and traded the check of shares.

On March 6, 2013, the Defendant issued a check number D, check amount “D”, “29,00,000 won”, and issuance date “7, 12, 2013,” in the Plaintiff’s name and issued one copy of the check number per bank in the name of the Defendant, and issued the check number on July 16, 2013, when the check was presented to the Bank on July 16, 2013 during the period of presentment for payment, but did not receive a disposition of suspension of transaction.

From that time until June 18, 2013, the Defendant issued eight copies of a total of KRW 593,092,00 in total on eight occasions, as shown in the attached list of crimes, and each holder of a check proposed payment of KRW 593,00 within the period for presentment of payment, but did not receive the payment as a disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation of the Industrial Bank of Korea;

1. A copy of each defaulted check;

1. Business registration certificate (C)

1. Application of Acts and subordinate statutes to the check issuance statement;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning the facts constituting an offense and Article 2 (2) and (1) of the same Act which choose each type of punishment;

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

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2013 Gohap136, supra);

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