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(영문) 부산지방법원 동부지원 2013.10.08 2013고단2226

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 28, 2000, the Defendant concluded a check contract under the name of the Busan Bank's maintenance store and the Defendant's representative director D, a company with the representative director, and traded the check number per unit.

On March 30, 2013, the Defendant issued one check number “F”, “30,000,000,000”, and the date of issuance “D” under the name of the Defendant’s office located in Kimhae-si, Kimhae-si, and one check number per Busan bank.

On May 23, 2013, the holder of the check presented a payment proposal on May 23, 2013, when the check was presented, but the Defendant did not pay the check due to the shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on copies of checks;

1. Article 2 (2) and (1) of the Control of Illegal Check elective for the Crime Act and Article 2 (2) and (1) of the Act on the Control of Imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution of Construction Business shall be taken into consideration that transactions of the current number of shares

1. The summary of the Defendant’s violation of the Illegal Check Control Act on April 26, 2013 among the facts charged in the instant case, which was dismissed under Article 62-2 of the Social Service Order Criminal Act, issued one copy of the check number “C”, the check amount “200,000,000,” and the issuance date “D” in the name of the Defendant’s office around January 20, 2013. The check holder issued one copy of the check number per Busan Bank under the name of the Busan Bank Co., Ltd., Ltd., Ltd., which was the date when the check was presented to pay the check on April 26, 2013, but the check amount was not paid due to the shortage of deposit. This is a crime falling under Article 2(2) and (1) of the Illegal Check Control Act, which cannot be prosecuted against the explicit intent of the holder of the check under Article 2(4) of the same Act, and according to the agreement entered in the records, the Defendant, the holder of the check at issue.