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Reasons
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(영문) 부산지방법원 2016.10.12 2016고단3702
부정수표단속법위반
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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 of the final judgment.

Reasons

Punishment of the crime

From May 29, 2012, the Defendant opened the Busan Bank's two offices and current account, and issued checks.

around April 27, 2016, the Defendant issued, respectively, a check number D, face value D, 3,500,000, and the date of issuance on May 27, 2016, 2016, one copy of the household check in the name of the Defendant, the bank, as shown in the attached list of crimes, at the Cmatel Tral Tral Ba, which is operated by the Defendant at the Busan B Apartment Complex, respectively.

On May 27, 2016, the check was presented to the Bank on May 27, 2016 when the check was presented for payment.

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

On March 31, 2016, the Defendant issued two copies of household checks in the name of the Defendant, the Busan Bank's second office and check number F, the face value F, 5,000,000, and the date of issuance at the above Cmate shift store, respectively, on June 30, 2016.

However, on July 1, 2016, the Defendant did not pay the said check as a disposition of suspension of transaction even though the said check was presented to the said bank on or before July 1, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each accusation and a copy of check Acts and subordinate statutes;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act relating to the facts constituting an offense and Article 2 (2) and (1) of the same Act;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant did not pay 15 copies of the total household check (a total sum of 52 million won) as the shortage of deposits as above, and the nature of the crime is not weak.

However, there are no criminal records of the same kind and suspension of execution against the defendant.

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