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(영문) 서울중앙지방법원 2013.07.23 2011고단5726

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 13, 2012, the Defendant was sentenced to a suspended sentence of three years for a period of one year and six months at the Seoul Western District Court for a violation of the Attorney-at-Law Act.

6. A person for whom the above judgment has become final and conclusive, and on December 28, 2004, Korea Bank Tropical point and current account have been opened and has traded the current number of units.

1. On May 18, 2009, the Defendant issued one check number B, face value of 200,000,000, and one check number per unit of a bank in the name of the Defendant, which was issued on December 18, 2010, at a certified judicial scrivener office where the trade name at the time of strike is unknown.

However, on December 20, 2010, the check holder presented the check payment to the above bank on December 20, 2010, which was within the time limit for presentment for payment, but the defendant did not pay it as the suspension of transaction.

2. On November 22, 2010, the Defendant issued one copy of the check number C, face value C0,000,000, and one copy of the number of shares of a bank in the name of the Defendant, which was issued on December 22, 2010.

However, on December 20, 2010, the check holder presented the check payment to the above bank on December 20, 2010, which was within the time limit for presentment for payment, but the defendant did not pay it as the suspension of transaction.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of D police statement;

1. Each accusation;

1. Application of Acts and subordinate statutes to a copy of each number of shares;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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