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(영문) 서울서부지방법원 2016.05.13 2015고단2552

부정수표단속법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 5, 2002, the Defendant entered into a check contract in the name of the former branch of Han Bank and the Defendant, and traded household checks.

On December 5, 2014, the Defendant issued one copy of the household check in the name of the Defendant, which was named as “D” check amount, “1,000,000” and “4,00,000,000” at the Defendant’s C office operated by Mapo-gu Seoul, Seoul, as of the date of issuance.

On July 2, 2015, the Defendant, within the period of presentation, failed to receive deposits or suspension of transactions even though the said check was presented to the said bank.

In addition, from November 5, 2014 to December 10, 2014, the Defendant issued five copies of household checks (total sum of KRW 5,000,000) as indicated in the attached Table of Crimes, and did not receive deposits or suspension of transactions, even though each of the said checks was presented during the period for presentation of payment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of each statute on a written accusation;

1. Articles 2(2) and 2(1) of the Control of Illegal Check Act and selection of fines for criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;