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A defendant shall be punished by imprisonment for not less than three months.
Of the facts charged in the instant case, Paragraph 8 of the Attached List of Crimes is indicated.
Reasons
Punishment of the crime
On December 22, 1987, the defendant entered into a check contract with the original branch of the National Bank and traded household checks under the name of the defendant.
On July 15, 2012, the Defendant issued one copy of the above bank household check in the name of the Defendant, which was named as “D”, “5,000,000 won”, “date of issuance”, and presented payment to the new bank on November 15, 2012, within the period of presentment for payment by the holder of the check.
However, the Defendant did not pay for the shortage of deposits, etc. (However, the issuance date of the No. 9 " January 25, 2012" to " January 25, 2013," and the issuance date of No. 10 " February 15, 2012" to " February 15, 2013," as stated in No. 1 through No. 7,9, and (10) of the No. 10, the Defendant failed to pay for the shortage of deposits or for the suspension of transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Each accusation;
1. Application of Acts and subordinate statutes to each defaulted copy of checks;
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crimes;
1. Of concurrent crimes, the part concerning the dismissal of prosecution from among concurrent crimes pursuant to the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the section concerning concurrent crimes with the punishment stipulated in the sequence of the list of crimes with the largest penalty specified in paragraph (10) of the Illegal Check Control Act);
1. On December 22, 1987, the summary of the facts charged, the Defendant entered into a check contract with the original branch of the National Bank and traded household checks under the name of the Defendant.
The Defendant issued one copy of the above bank bank check in the name of the Defendant as shown in paragraph (8) of the attached list of crimes Nos. 8, and the holder of the above bank presented payment to the new bank within the period for presentation of payment, but did not pay the shortage of deposit.
2. The above crime is a crime that falls under Article 2(2) and (1) of the Illegal Check Control Act, and where the check is collected in accordance with Article 2(4) of the Illegal Check Control Act, a public prosecution may not be instituted.