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(영문) 서울북부지방법원 2013.11.20 2013고단1380

부정수표단속법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

(State) The Defendant, as the H representative director, concluded a check contract with the Bank of Korea branch office from January 9, 2006, and traded the check number table.

"2013 Highest 1380"

1. On October 5, 2012, the Defendant issued a check number K, K, 80,810,000 won at the Defendant-friendly office of the JJ, which is located in the Sindong-gu, Mandong-gu, Mannam-si, Mannam-si, and the date of issuance on April 5, 2013, one copy of the check number per the above bank as of April 5, 2013, which is within the period for the presentation of payment, and presented the said bank to pay the check number per the above bank, but did not receive the disposition of suspension of transaction.

2. On May 6, 2013, the Defendant issued one copy of the check number L, face value 80,810,000 won, and one copy of the check number per bank issued on May 5, 2013, the date of issue date, and presented the check to the above bank on May 6, 2013, which is within the period of presentment for payment, but did not receive as a disposition of suspension of transaction.

On October 5, 2012, the Defendant issued a check number M, face value 80,810,000 won, and a copy of the check number per bank as of June 5, 2013, the date of issuance of which is June 5, 2013, at the Defendant’s pro-dong J office located in Sung-gu, Ma-gu, Sungnam-si, Sinnam-si, Sinnam-si, the Defendant issued a check number M, face value 80,810,000 won, and issued a copy of the check number per bank as of June 5, 2013, which is within the time limit for payment proposal

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Act applicable to crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., circumstances leading to the instant crime and the fact that the Defendant has faithfully endeavored to recover damage to the check holders);

1. The dismissal of prosecution under Article 62-2 (1) of the Criminal Act;

1. Facts charged;

A. A. Violation of the Illegal Check Control Act (1) The Defendant is in violation of the Franchis Control Act, and is in violation of the Franchis Control Act, I in the Sinnam-si, Honam-si.