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(영문) 의정부지방법원 2018.04.20 2017고단5498

부정수표단속법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 27, 1990, the Defendant entered into a check contract with the Korean Bank Olympic Branch on the 2017 Highest 5498 and traded checks under the name of the Defendant.

On July 26, 2017, the Defendant issued a check number “E”, “E” date of issuance, “2.18 million won”, and “2.5 million won” under the name of the Defendant in the name of the Defendant at around the business office of manufacturing the Defendant’s operation “D” in Gyeonggi-si, Gyeonggi-si, the Defendant issued one copy of the bank’s household check in the name of the Defendant, which is the “2.5 million won”. On November 20, 2017, the holder of the said check presented the said check to the Bank on the date of presentation, but did not receive it due to the suspension of transaction, as indicated in the attached Table 1, at around four occasions, including the fact that the said check was presented to the Bank on November 20, 2017, which was within the period of payment, and thereafter, did not receive it each due to the suspension of transaction.

On July 2017, the Defendant issued one copy of the bank household check in the name of the Defendant, “F” and “F” as of the date of issuance, at the D office in the operation of the Defendant located in the Namyang-si, Nam-si, Nam-si, Nam-si, the date of issuance, at par value “2.5 million won”.

On December 11, 2017, when the holder of the check presented the check, which was within the period for presentation of payment, but did not receive due to the suspension of transaction, and the Defendant issued the check with a total of KRW 7,500,000,000 per face value over three occasions as shown in the list of crimes in attached Table 2 at around that time, but did not pay each due to the suspension of transaction.

Summary of Evidence

[17 Highest 5498]

1. Statement by the defendant in court;

1. Each written accusation [18 high order 176];

1. Statement by the defendant in court;

1. Each accusation;

1. Application of Acts and subordinate statutes to each copy of a 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 of the Criminal Act to attract a workhouse.