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(영문) 서울북부지방법원 2016.02.17 2015고정543
부정수표단속법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant was sentenced to 4 months of imprisonment and 2 years of suspended execution on December 10, 2015 to a violation of the Illegal Check Control Act by Seoul Northern District Court, and the judgment became final and conclusive on December 10, 2015.

Defendant who was engaged in the business of manufacturing packaging paper B with his trade name;

On May 6, 1994, our bank opened a check account at the same branch of the Chang-dong Bank and issued a check.

On August 4, 2014, the Defendant was unable to issue a check upon the final default of payment due to the lack of deposits from the above bank.

Nevertheless, on September 30, 2014, the Defendant issued KRW 32,740,00 for seven occasions, such as the issuance of a check number “C”, “5,000,000”, “date of issuance”, “ September 30, 2014”, “one of the family checks in the name of the Defendant, which is located at the seat of our bank,” and “one of the family checks in the name of the Defendant at the seat of our bank.”

As a result, the Defendant issued a household check after receiving a disposition of suspension of transaction from a financial institution.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of each statute on a written accusation;

1. Article 2 of the Act on the Control of Illegal Check and Punishment for Criminal Facts and Article 2 of the Act on the Control of Illegal Check and Selection of Fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act is under circumstances to be taken into account in the background leading up to the instant criminal act; the time when the instant criminal act was committed; the fact that there is a need to recover the check Nos. 3, 4, and 7 of the List of Crimes; the fact that there is no criminal record exceeding a fine; the Defendant’s age, sex and environment; and the motive for the instant criminal act.

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