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(영문) 의정부지방법원 2018.02.14 2017고단4108
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From February 22, 1990, the Defendant entered into a family check contract with the branch of Korea and the Defendant under the name of the branch of Korea, and traded household checks.

On November 2016, the Defendant issued one check number D, face value “D”, “5,00,000 won”, and the date of issuance “3.10,000” under the Defendant’s name and presented payment during the period for presentation, but did not receive the payment due to the shortage of deposit, and the Defendant did not receive the payment due to the shortage of deposit in the attached list of crimes. In addition, the Defendant issued 20 copies of the household check, total sum of 10,00,000,000 won and presented each payment within the period for presentation, and did not receive the payment as suspension of deposit or transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Details of transactions with the account of the recipient;

1. Each written accusation (excluding the subsequent part concerning dismissal of the public prosecution);

1. Application of Acts and subordinate statutes to a copy of each household check (excluding the subsequent part concerning dismissal of public prosecution);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are considerable, but the defendant is trying to recover checks after being prosecuted as if the defendant were found to dismiss the prosecution following the defendant, considering the defendant's age, sex, environment, circumstances leading to the crime, attitude after the crime, etc., the recommended sentence on the sentencing guidelines is six months - one year and six months, which are the basic area of the issuance of illegal checks.

Punishment shall be determined as ordered by the text.

Rejection of Public Prosecution

1. The defendant is guilty of facts charged from February 22, 1990.

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