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Reasons
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(영문) 서울서부지방법원 2020.10.28 2020고단535
부정수표단속법위반등
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A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 23, 2019, the Defendant violated the Illegal Check Control Act stated that D’s check number “E”, face value “N million won”, “F-GD”, and issuance date “F-GD” in the name of H bank numbered by H bank No. 1 in the name of the issuer “F-GD” shall be kept, while the Defendant kept the check number “E” and the issuance date “F-GD” in the name of H bank No. 1 in the form of “E”, “F-BD” on the face value and the issuance date of the said check, the Defendant stated that “M million won is fixed” and the issuance date is “Fe December 25, 2019”.

In this respect, the defendant changed a statement of the number of units in the name of D.

2. Around November 24, 2019, the Defendant: (a) exercised the check of the altered number of shares to C staff I, who is aware of the alteration, as described in paragraph 1, as if the check of the altered number was actually issued.

Accordingly, the defendant exercised the altered securities.

Summary of Evidence

1. The defendant's statement on the first trial date in court;

1. Each police statement made to J and D;

1. Application of Acts and subordinate statutes to photographs of the number of units, and copies of a statement of performance;

1. Article 5 of the Control of Illegal Check Act applicable to the facts constituting an offense, Articles 217 and 214 (1) of the Criminal Act (a point of exercising altered securities);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for the sentencing of Article 62(1) and (2) of the Criminal Act (negative) was recovered.

[Unjustifiable circumstances] An alteration amount is high.

There are many records of criminal punishment as well as those of the same crime.

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