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(영문) 부산지방법원 2016.01.20 2015고정4137

부정수표단속법위반

Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

From March 29, 1994, the Defendant had opened a current account and traded checks in the name of the Defendant at the Dongnam Bank’s dong Office of Remuneration-dong (Dong Dong Office of the National Bank).

On March 12, 2015, the Defendant issued a check number D, the date of issuance on July 6, 2015, a check number 3,000,000 as the purchase price for cremation at the office operated by the Defendant C, which was operated by the Defendant, and presented a payment on July 6, 2015, which was within the payment period by the holder, but did not receive due to the suspension of transaction.

Around that time, the Defendant issued a total of 24,00,000 won per unit check 8 face value per eight times through the same method, as indicated in the attached list of crimes, at the same office, and paid by each holder within the period for presentation, but did not pay due to each transaction suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

1. Article 2 (2) and Article 2 (1) of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Regulation of Illegal Check elective for Punishment;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. It is so decided as per Disposition on the grounds of the former part of Article 6 of the Control of Illegal Check Control Act and Article 334(1) or more of the Criminal Procedure Act.