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(영문) 의정부지방법원 2019.06.12 2019고단1576
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

(b) a copy of household checks;

On July 9, 2018, the holder of the check presented the check to the above bank on July 9, 2018, which was within the period for presentment of payment, but did not pay the check due to the shortage of deposit.

From around that time to July 2018, the Defendant issued a provisional coefficient of KRW 77,632,00 in total face value of household checks, as shown in the attached Table of Crimes, and offered payment proposal to the above bank within the period of each payment proposal, but the Defendant did not pay it due to the shortage of deposits.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to each accusation and a copy of a check (excluding a recovered check);

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning the facts constituting an offense and Article 2 of the Act on the Control of Illegal Check which choose a penalty;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations according to the sentencing guidelines of the Supreme Court] Article 62-2 of the same Act: Type 1 (Issuance, Preparation, and Check-up of Illegal Check) (6-1-6 months) is the basic area (the issuance, preparation, and check-up of illegal checks) (6-1-6 months): 6-2 years and 9 months (the decision of sentence] the total face value of the checks that the Defendant has defaulted exceeds 70 million won.

The crime of this case is a violation of the trust of the check, which is a distributed securities, and cannot be said to be less light of the issue.

However, it shall be considered in light of the favorable circumstances that the defendant recognized the crime and reflects the fact that the defendant was sentenced to a suspended sentence of imprisonment or heavier punishment, or that the defendant had no significant criminal record in relation to the crime of this case.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age and environment of the defendant, the criminal record and the circumstances leading to the default, etc., the punishment as set forth in the disposition is determined.

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