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Reasons
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(영문) 서울동부지방법원 2014.06.26 2014고단1002
부정수표단속법위반
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From September 22, 2004, the Defendant entered into a check contract in the name of the Bank of Korea branch office and the Defendant’s representative C, and has traded the check number.

1. Around November 2013, the Defendant issued one check number “E”, check amount “71,00,000,000”, and issuance date “C” in the name of the Defendant’s office located in the Seoul Jung-gu D Building 201, Jung-gu, Seoul, and one check number per bank in the name of the Defendant’s office.

On January 22, 2014, the holder of the check at issue, proposed to pay the check to the new bank on January 22, 2014.

However, the defendant did not pay for the shortage of deposit.

2. Around November 2013, the Defendant issued one check number “F”, “80,000,000,” and the date of issuance “31, 2014,” at the C office listed in the foregoing paragraph (1).

On February 4, 2014, the holder of the said check, proposed to pay the check at a new bank pressure station.

However, the defendant did not receive the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a copy of the check of number of units (E) and a copy of the check of number of units (F);

1. Article 2 (2) and (1) of the Control of Illegal Check Act applicable to crimes;

1. From among concurrent crimes, considering the fact that the sum of the checks on default in this case for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is a large amount of KRW 150 million, it is inevitable to punish the defendant strictly.

Accordingly, the defendant has made efforts to recover checks, there is no record of punishment or punishment exceeding fine for the same kind of crime, and other circumstances revealed in the arguments, such as the age, character and conduct, occupation, intelligence and environment of the defendant, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc. shall be comprehensively taken into account.

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