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(영문) 수원지방법원 안양지원 2013.10.04 2013고단415

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From January 9, 2012, the Defendant entered into a check contract in the name of the U.S. Bank and B, and entered into a check contract with the U.S. bank.

around July 10, 2012, the Defendant issued one check number “E”, face value “10,000,000,” and issuance date “ October 7, 2012” in D offices located in Yeongdeungpo-gu Seoul Metropolitan Government, and presented a check number sheet to the check bearer on October 8, 2012, which is the date of which the check bearer’s payment presentation period, and presented the check to the check bearer on October 8, 2012, but the check bearer was not paid as suspension of transaction. However, the check number “F”, face value “21,00,000,000,” and “date of issuance” issued one check number on October 10, 2012, and paid it as suspension of transaction at Nonghyup New North Korea, which is within the payment presentation period, but did not pay it as suspension of transaction at the check number. < Amended by Act No. 11410, Oct. 10, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Application of each accusation and a copy of check Acts and subordinate statutes;

1. Article 2 (2) and Article 2 (1) of the Illegal Check Control Act (Selection of Imprisonment)

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

1. Part on the dismissal of public prosecution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the violation of criminal conduct and the continuous efforts to recover

1. Around August 10, 2012, the Defendant issued a check number “G”, face value “21,00,000,000”, and the date of issuance “1/10 of the check number” in D offices located in Yeongdeungpo-gu Seoul Metropolitan Government, and presented a payment proposal to the said holders at the same branch office of the Foreign Exchange Bank on October 22, 2012 during the period for which the check is presented, but did not receive a disposition of suspension of transaction.

2. The determination is an offense falling under Article 2(2) of the Illegal Check Control Act and cannot be prosecuted against the express intent of the check holder under Article 2(4) of the same Act. The facts charged are as follows.