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(영문) 서울동부지방법원 2017.01.19 2016고단3832
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around January 22, 2008, opened a check contract with a branch of the Bank of Korea around January 22, 2008, and traded household checks, and was subject to the disposition of suspension of transaction on July 4, 2016.

around December 22, 2015, the Defendant issued one copy of the above household check in the name of the Defendant on June 30, 2016, in the “C” in the Defendant’s operation of Songpa-gu Seoul, Seoul. Around December 22, 2015, the check number “D”, “D” at face value”, “5,00,000,000,” and the Defendant paid eight times in total within the period of each payment, but did not pay for the shortage of deposits, etc., as indicated in the attached list of crimes, the Defendant issued 8 books of household check from around that time to May 28, 2016.

On January 22, 2008, the Defendant entered into a check contract with a branch of the Bank of Korea around January 22, 2016 and was subject to a disposition of suspension of transaction on July 4, 2016.

On May 7, 2016, the Defendant issued one copy of the above bank household check in the Defendant’s name named “C”, “E”, “5,00,000 won at par value”, and “date of issuance” under the Defendant’s name, and presented one copy of the bank household check on July 7, 2016 during the period for presentation of payment by the holder, but failed to pay the shortage of deposit.

Summary of Evidence

"2016 Highest 3832"

1. Statement by the defendant in court;

1. Investigation report (specific the date of actual issuance of suspect household check);

1. A copy of each accusation and each household check "2016 Highest 4457";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation or a copy of household check;

1. Article 2 of the relevant Act on the Punishment of Illegal Check and Article 2(1)2 of the Control of Illegal Check Act (which is issued after the disposition of suspension of transaction), Article 2(2) and (1) of the Control of Illegal Check Act (which is the point of refusal of payment after the issuance), and the selection of imprisonment for each type 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. The reason for sentencing under Article 62(1) of the Criminal Act is the defendant.

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