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(영문) 서울남부지방법원 2018.04.18 2017고단3581
부정수표단속법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The Defendant, in the name of Kimpo-si B, was a person who manufactures and sells furniture in the name of “C”, and around December 21, 2015, entered into a check contract with a branch of a national bank in the name of the Defendant and traded household checks.

around March 13, 2017, the Defendant issued one copy of the household check in the name of the Defendant named as “D”, “3,000,000 won” and “date of issuance” in the Defendant’s operating office as above, and issued one copy of the bank check in the name of the Defendant on June 30, 2017, which was presented by the holder of the check on June 30, 2017 but did not receive deposits due to shortage of deposits, and issued 1,3 through 8, 12, 13, 18, and 19 copies of the household check in the same date and place as indicated in the attached Table 1,3,00 won of the daily list of crimes, and presented them within the period of payment, but did not receive deposits.

around April 25, 2017, the Defendant issued 11 copies of the household check amounting to KRW 33,00,000 in the Defendant’s operating office as above, “E”, “E” at par value”, “3,00,000”, and “date of issuance” under the Defendant’s name, at the same time, at the same place, and at the same time, at the same place, and at the same time, at the same time and place as indicated in [Attachment] Nos. 1 through 5, 8, 10, and 14, 200 won in face value as indicated in [Attachment] Nos. 2, 33,00,000 in face value, and presented it to the Bank during the period for presentation, but the bearer did not pay for the shortage of deposit.

Summary of Evidence

1. "Written statements of the defendant in the first trial records" referring to the statement of the defendant;

1. Each accusation (No. 1, 3 through 8, 12, 13, 18, and 19 No. 2017, 3820, 19);

1. Application of Acts and subordinate statutes to each accusation (No. 1 through 7, 10, 12, 14, 15, No. 15, the list of evidence);

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 Selection of Imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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