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(영문) 수원지방법원 성남지원 2014.05.16 2013고단1307
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, entry Nos. 3, 4, and 6 of the attached list of crimes.

Reasons

Punishment of the crime

On December 11, 2013, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Sungwon District Court's Sungnam branch on May 9, 201, and the said judgment became final and conclusive on May 9, 2014.

On July 25, 2012, C Co., Ltd. (hereinafter referred to as “C”) concluded a check of shares with the sub-branch of Korea Bank (hereinafter referred to as “C”) on July 25, 2012. The Defendant is the representative director C.

[2013 Highest 1307] On January 25, 2013, the Defendant issued a check number E, face value 35,000,000,000 at the Defendant’s office located at the 9th floor of the building D, Yeongdeungpo-gu Seoul Metropolitan Government, and issued a check number C on February 20, 2013, the date of issue of which was February 20, 2013, and presented a payment proposal on February 20, 2013, which was within the payment proposal period, but did not receive as a disposition of suspension of transaction, from that time until February 8, 2013, the Defendant issued seven copies of the total face value per share number of 10,560,00 won per each time, and presented it within the payment proposal period, but did not reach each transaction suspension or deposit.

[2013 Highest 2925] On January 27, 2013, the Defendant issued a check number F, face value 16,00,000,000 at the Defendant’s office located in the 9th floor of the building of Yeongdeungpo-gu Seoul Metropolitan Government D, and issued a check number C on April 25, 2013, which is the date of issuance, and presented a payment proposal on April 25, 2013, which is the date of payment proposal, the holder did not receive the disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Three copies of a ledger for the management of shares of each party;

1. Each accusation and check;

1. A copy of each accusation book and each statement of shares;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 3 (1) (main sentence), Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning facts constituting an offense and Article 3 (1) of the Act on the Prevention of Illegal Check which enables the Election of Punishment

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

1. Of concurrent crimes, the part concerning the dismissal of prosecution as provided in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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