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(영문) 전주지방법원 정읍지원 2016.06.21 2016고단162

부정수표단속법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From July 10, 1997, the Defendant entered into a check contract with a branch of a Switzerland branch and the Defendant under the name of Korea, and traded household checks.

1. On October 30, 2015, the Defendant, around March 6, 2015, issued one copy of the above bank bank bank bank’s check number “E”, the check amount “3,00,000 won”, “F”, “F”, “3,00,000 won”, and “date of issuance”, respectively, on October 30, 2015, at D offices located in Gangnam-gu Seoul Metropolitan Government, the Defendant issued one copy of the said bank bank’s check, each of which falls under the name of the Defendant at D offices in Seoul, Gangnam-gu, Seoul, Seoul, and the date of payment, and on October 30, 2015, the Defendant presented the said check to the bank on March 30, 2015, which is within the period of payment presentation, but the Defendant did not receive the suspension of transaction.

2. On November 30, 2015, the Defendant, at the places indicated in paragraph (1) around June 4, 2015, issued one copy of the check number “G”, the check amount “3,00,000,000”, and the date of issuance “the date of November 30, 2015.” The Defendant, who was the holder of the check, presented the check to the said bank on November 30, 2015, within the payment period, provided that the Defendant did not receive the suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Statement made by the police with H;

1. Each investigation report (verification as to whether the actual date of issuance of a check and the counterpart to the final possessor wishes to be punished);

1. Application of a copy of each household check;

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

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. As to seven copies of household checks, the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the instant crime is that the Defendant is disadvantageous to the Defendant, and the fact that the Defendant appears to have committed the instant crime due to the aggravation of financial situation, etc.