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A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, the number Nos. 5, 6, 10, and 11 of the list of crimes in attached Form 5.
Reasons
Punishment of the crime
Since February 27, 2004, the Defendant had opened the current account in the name of the Defendant at the original branch of the National Bank from February 27, 2004 and traded the current account.
On November 2017, the Defendant issued a check number “E”, “E”, “20,00,000 won at face value”, “the date of issuance” under the Defendant’s name, and presented to the said bank by the due date for payment, but did not receive as a suspension of transaction during the period from around 2017 to December 22, 2017, as indicated in the [Attachment] No. 1 to 4, 7 to 9, and 12 to 22 in total, 396,00,000 won per check over 18 times in total, as indicated in the [Attachment] No. 1 to 4, 7, 9, and 12 to 222.
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 the Acts and subordinate statutes to each accusation book and each copy of each check;
1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, and Article 2 (2) and (1) of the Act on the Control of Illegal Check and Punishment;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommended punishment] / the issuance, etc. of illegal checks / [the issuance, preparation, and default of checks] where financial aggravation, such as the reduction area of one type (one month to one year) [the special mitigated person] / (the reason for special mitigation / profit reduction / sales reduction ] / (the reason for special consideration in the motive for crime) / [the sentence] / the total amount of the check for which the defendant has not issued and collected is up to 396 million won; the defendant recovered the check for each page up to 4 years, but the defendant failed to recover a considerable part of the check up to 4 years, and failed to reach an agreement with the holder; and the defendant operated the check;
When considering the use of the Mart transferred price, it is reasonable to sentence the defendant to the punishment.
However, the defendant is making efforts to recover the check, and is based on the holder.