beta
(영문) 인천지방법원 2014.11.12 2014고단4270

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

From August 14, 2013, the Defendant entered into a check contract with the Industrial Bank of Korea's operations calendar branch and C in the name of the Bank of Korea and entered into a check contract with C.

around November 15, 2013, the Defendant issued a check number “E”, check amount “4,00,000,000,” and issuance date “3,” in the name of the foregoing company’s office located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and 301, and presented a check to the above bank on March 17, 2014, which was within the time limit for presentation for payment by the holders of the said bank. However, the Defendant did not pay for the shortage of deposits.

In addition, from around that time to January 28, 2014, the Defendant issued the number of shares of the above bank and the sum of KRW 9 million in total, as indicated in the separate sheet Nos. 2 and 6 from that time, and presented each check within the period of presentment for payment, but each check was not paid for the shortage of deposits.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation (Case Number: 2014-2475), written accusation (Case Number: No. 2014-3935);

1. Application of Acts and subordinate statutes to a statement of number of units (investigative records, number 15), a copy of the statement of number of units (investigative records, number 10, number 10);

1. Article 3 (1), Article 2 (2) and (1) of the Control of Illegal Check Control Act and Article 3 (2) and (1) of the Act on the Control of Criminal Crimes, the selection of imprisonment for a prison labor

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (a violation of the Illegal Check Control Act due to the issuance of checks listed in the attached Table No. 1, 3, 4, 5, 7, and 8) (a violation of the Act on the Control of Illegal Check Control due to the issuance of checks mentioned in the attached Table No. 1, 3, 4, 5, 7, and 8);

1. From August 14, 2013, the Defendant entered into a check contract with the Industrial Bank of Korea Operational Branch and C, and entered into a check contract in the name of the Bank of Korea and C, and traded the check number of shares.

The defendant shall be the Incheon around November 15, 2013.