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(영문) 수원지방법원 안산지원 2020.04.09 2019고단3691
부정수표단속법위반
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A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On June 9, 2017, the Defendant was sentenced to four months of imprisonment for fraud aiding and abetting at the Incheon District Court on August 22, 2017, and the execution of the sentence was terminated on August 22, 2017. The judgment became final and conclusive on September 5, 2017.

【Criminal Facts】

On February 1, 2019, the Defendant issued a check number “E”, the check amount “3,50,000,000,” the issuance date “Seoul Special Metropolitan City”, and the issuer’s “B representative director C,” a certificate of custody that if the check is issued by D delegated by C, which is the B representative director, the Defendant issued the check number “E”, “3,50,000,000,000,” and if the check is not recovered within the due date for the payment of the check, the Defendant issued a certificate of custody that

On the same day, the Defendant issued the above check to G. G, and G sent the above forged check to H, which the Defendant directed through mail on February 26, 2019.

On February 26, 2019, the Defendant transmitted the fact that the above check was blanks in the face value of the above check to H, and even though he was aware that the check was forged, he did not notify H of the forgery, and the Defendant issued the above check to H, and then stated that H would use it as a supplement to its face value on the same day, and that H would deliver it to J, and that H would supplement the above check to the face value of the above check that is blanks in the blanks.

Accordingly, the Defendant forged the check through J.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, K, H, and J;

1. The custody certificate of each unit, the copy of each unit list (3.5 million won), the copy of each unit list (60 million won), the copy of each unit list (60 million won), and the letter;

1. Previous records: Application of criminal records, etc. and investigation reports (Attachment to judgments on repeated crimes) Acts and subordinate statutes;

1. Article 5 of the Control of Illegal Check Act related to the crime, Articles 34 (1) and 31 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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