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(영문) 수원지방법원 2015.12.09 2015고단1146

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

Punishment of the crime

From July 3, 2008, the Defendant entered into a check with the IBE branch from July 3, 2008.

[2015 Highest 1146] On August 29, 2014, the Defendant issued one check number C, face value “C”, “3,00,000,000 won”, and “the date of issuance” as “the date of December 19, 2014.” On December 19, 2014, the Defendant offered the said check to the Bank on December 19, 2014, which is the bearer of the said check, but did not receive the said check as a deposit shortage (the date of termination on December 23, 2014).

[2015 Highest 2376] On October 31, 2014, the Defendant issued one check number D, face value D, “3,00,000 won”, and “the date of issuance” as of February 7, 2015. The Defendant issued one copy of the above bank bank bank bank bank bank bank bank bank bank bank bank bank bank check with the check number D, face value D, “3,00,000 won” and “the date of issuance.” The Defendant did not pay KRW 15,00,000 in total, as indicated in [Attachment 2] Nos. 1, 3, 4, 5, and 6 of the daily list of crimes (2).

Attached Form

The “E” of the check number written in each crime sight table appears to be a clerical error of “F.”

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the facts constituting an offense;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On October 15, 2014, the Defendant issued one copy of the check number “G”, face value “3,00,000 won”, and one copy of the household check at the National Bank Jinsung branch’s own Dong branch as of the date of issuance. The Defendant issued the check on December 26, 2014, which is the bearer of the said check, on December 26, 2014, when the date of the payment proposal is within the period of payment proposal, but did not receive the suspension of transaction.