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(영문) 제주지방법원 2014.08.29 2014고단297

부정수표단속법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

On August 14, 1997, the Defendant has entered into a check contract with the Seogro branch of the NAF on August 14, 1997.

around May 10, 2013, the Defendant corrected the “D” clothes sales store operated by the Defendant as “E”, “E”, “20,000,000 won at face value”, and “F and G” as “E” and “H, who are authorized to correct a check by the Defendant via F and G, issued one copy of the check number at the check number, and thereafter issued the date of issuance as “20,000,000,000” on September 25, 2013. The Defendant corrected the number of shares at issue as “as of September 25, 2013,” and the date of issuance as “as of September 25, 2013,” the Defendant did not receive disposition of suspension of transactions even after the payment proposal was made on September 26, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the accusation (Evidence Nos. 3) and the Acts and subordinate statutes to the copies of defaulted checks;

1. Relevant legal provisions and the choice of punishment for the crime: Article 2 (2) and (1) of the Illegal Check Control Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The sentence shall be determined as ordered in consideration of all the following circumstances as the reasons for the sentencing of Article 6 of the Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act: The facts of the crime are recognized and contradictory to the circumstances; the possibility of recovery of the check in the future is possible (the check in this case is offered as a security for borrowed money, and the actual borrowed amount is less than face value and a considerable amount has already been repaid)); and the fact that there is no other criminal record except for the check which is minor one time as a minor offense: The fact that the check has a substantial face value: Other reasons for the motive of the crime, circumstances after the crime (the circumstance that a part of the check was recovered after the summary indictment and has been submitted to the formal trial) and the occupation of the defendant, etc.