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(영문) 서울동부지방법원 2016.02.16 2015고정1436

부정수표단속법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

From December 1, 1994, the Defendant entered into a check contract with a bank in the name of the calendar branch and the Defendant, and traded household checks.

On March 2, 2015, the Defendant issued one copy of the check number D, 3,000,000 KRW 3,000 “the check amount” in the Defendant’s C office operated by Songpa-gu Seoul, Songpa-gu, Seoul, and presented the check to the above bank within the period for presentation, but the check was not paid as a suspension of transaction from the above day to the above day.

3. From the same date until December, 12, each holder of a check issued 6 par value 18 million won in the household check, as indicated in Nos. 5 to 10 of the daily list of crimes attached hereto, and presented a check to a creditor bank within the period for presentation, but did not pay as suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Application of Acts and subordinate statutes to investigation reports (the presentment of a check, endorsement and telephone conversations);

1. Article 2 (2) and (1) of the Regulation of Illegal Check Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check of Punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. From December 1, 1994, the summary of this part of the facts charged, the Defendant entered into a check contract with the National Bank in the name of the calendar branch and the Defendant, and traded household checks.

On March 2, 2015, the Defendant issued one copy of the household check in the name of the Defendant and presented the check to the said bank within the period for presentation, but did not receive the check as a suspension of transaction in the C office operated by the Defendant in Songpa-gu Seoul, Seoul. The Defendant stated that: (a) around June 2, 2015, the check number “E”, “E”, “3,000,000 of the check amount”; and (b) June 2, 2015.