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(영문) 서울남부지방법원 2014.06.03 2014고단637

부정수표단속법위반등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the separate sheet Nos. 3, 4, 5, and 7 are as follows.

Reasons

Punishment of the crime

From July 6, 1995, the Defendant entered into a check contract with Suwon-dong Branch Co., Ltd. under the name of Suwon-dong Branch Co., Ltd., which he operated, and has traded a check check.

On September 15, 201, the Defendant issued a check number “the last 004533”, “10,000,000 won”, “1,000,000 won”, and “the date of the issuance” one copy of the check number per bank C under the name of the stock company C, which is “the date of December 14, 2011,” and issued a check number and presented the check number to the said bank on December 14, 2011, which was within the time limit for which the check was presented, but was not paid due to the disposition of suspension of transaction from around that time to October 28, 201, and as indicated in [Attachment] No. 1,2,6, and 8 of the check number check number “the check number” (However, “the shortage of deposits” stated in the column for default was corrected to “the disposition of suspension of transaction”) and issued the check number at each time during the period of payment, but did not receive due to suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crime;

1. Among concurrent offenders, consideration shall be given given to the circumstances favorable to the fact that there is no record of committing the same kind of crime as the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and efforts have been made to recover from damage, and the unpaid check amount is still a large amount equivalent to KRW 260,000,000,000;

1. Summary of the facts charged

A. The Defendant issued a check per unit as indicated in the attached Table Nos. 3, 4, 5, and 7 (However, the “insufficient deposit” stated in the column for default of payment in the above Table is corrected to “the disposition of suspension of transaction”) and presented payment within the period for which each check was presented, but each check was not paid due to the disposition of suspension of transaction.

B. The Defendant, as the representative director of a stock company C located in Yangcheon-gu Seoul Metropolitan Government D, employs 20 full-time workers.