A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

From around 1997, the Defendant entered into a check contract with the Korean Federation in the name of the branch and the Defendant, and traded the check number.

around June 21, 2012, the Defendant issued one check number “F”, “90,00,000 won”, “90,000 won”, and “7. 31, 2012.” The Defendant issued one check number per bank in the name of the Defendant at the “E office operated by the Defendant,” the check amount of which was “F”, “90,000,000 won”, and issued one check number per bank in the name of the Defendant. On July 31, 2012, the check holder offered the check payment to the above bank on July 31, 2012, which was within the time limit for presentment for payment, but did not receive a shortage of deposit. In addition, the Defendant issued four copies of the check number per deposit amount from the above date to September 14, 2012, and presented the check number within the said bank, but did not receive a deposit.

Summary of Evidence

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

1. Each accusation;

1. Application of Acts and subordinate statutes on each lot number copy; and

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with Respect to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Selection of Penalties;

1. From among concurrent crimes, a sentence equivalent to the nature of the crime is inevitable for the accused, considering the fact that the amount of a non-repaid check which has not been recovered yet due to the reason for the sentencing of Article 37, Article 38(1)2, and Article 50 of the Criminal Act exceeds approximately KRW 400 million, etc.

However, even though the defendant has traded checks for several years, there is no default on payment, there is a first offender who has no criminal power, there are circumstances to take into account the circumstances of default, and the collection of about 10 Chapters 10 (30 million won) out of the defaulted checks in Chapter 14 up to now, and the legal restraint should not be imposed against the defendant, considering the possibility of recovering the checks in the future.