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(영문) 대구지방법원서부지원 2020.11.06 2020고단606
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From January 2007 to February 2, 2007, the Defendant was issued a check number of 25,000,000 won per face value (C', issuer No. D representative director B', and issue date ( May 29, 2007) from B, which had been operating a customer of the Defendant at an unsound place.

On March 5, 2007, the Defendant continued to keep the check after being subject to a disposition of suspension of transaction, and had been in custody on May 2019, the Defendant had received a request from E, a creditor, to repay debts, and had the date of issuance arbitrarily after being issued as if the period of presentment for payment of the said check remains.

On May 28, 2019, the Defendant: (a) at the Defendant’s house located in Seo-gu, Daegu, Seo-gu; (b) deleted the “2007” portion of the issue date of the said check from the date of the check using the color pentle; (c) affixed a seal imprint as if it was the seal of the issuer; and (d) arbitrarily stated that it was “2019,” and then delivered the above check to E, who is aware of the fact, was duly formed.

For the purpose of exercising, the defendant altered one copy of the check in the name of the issuer D representative director B, and exercised one copy of the altered check.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's protocol of suspect interrogation of the police as to B's statutory statement, investigation report of photograph of the statement of party number (to hear telephone statements from the requester for the payment of party number table

1. Article 5 of the Control of Illegal Check for Crime, Article 217 and Article 214 of the Criminal Act (Possession of Alteration of Check), Article 214 of the Act on the Control of Illegal Check for Punishment of Crimes;

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

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Article 6 of the Control of Illegal Check Control Act, the Criminal Procedure Act.

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