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(영문) 서울북부지방법원 2016.07.14 2016고단4

부정수표단속법위반

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 15,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. The Defendant, from March 7, 2002, entered into a check contract with the new bank name of six (6) from March 7, 2002, and the name of the company B, and from December 11, 2008, entered into a check contract under the same name as the back point of the station in Korea C&C from December 11, 2008, and traded each check.

On December 2, 2014, the Defendant issued one copy of the check number under the name of B, a “E”, “10,000,000 won”, “Date 8, 2015.”, and the payer and the place of payment, at the office of the Defendant, located in Dongdaemun-gu Seoul, Seoul, issued one copy of the check number under the name of B, a “E”, “E”, “10,000,000 won”, “6 as the paper of the new bank.”

On May 8, 2015, the Defendant issued a total of 12 copies of a check over 12 occasions from around December 2, 2014 to February 20, 2015, as indicated in the attached Table 3 to 14, including where the said check was presented to the said bank on May 8, 2015, and it was not paid as a result of the suspension of transaction and the termination of the check contract, etc.

2. Defendant B is a corporation established for the purpose of selling medicines.

The Defendant issued 12 copies of the check as above to the Defendant’s business at the time and place specified in paragraph (1) by a private person, as seen above, at the 12-day period, and did not pay for the said reasons even though the said check was presented within the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the first and second times against the defendant;

1. Application of Acts and subordinate statutes to each accusation and a copy of a defaulted check (No. 4, 7, 9, 12, 15, 18, 20, 21, 26, 27, 29, 30 of the evidence list);

1. Articles 2(2) and 2(1) of the Control of Illegal Check Act pertaining to facts constituting a crime under Article 3(1) of the Control of Illegal Check Act;

1. Defendant A: Imprisonment with prison labor;

1. The former part of Article 37 and Article 38 Section 1 of the Criminal Code for the aggravation of concurrent crimes.