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Reasons
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(영문) 서울서부지방법원 2014.04.22 2013고단3137
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 25, 1984, the Defendant entered into a check contract with the branch of Korea Bank B in the name of the Defendant, and has traded the number of shares per unit.

On February 5, 2013, the Defendant issued one check number “G”, “10,00,000 won”, “10,000 won”, and “10,00.” A check number per bank in the name of the Defendant, which was operated by E in Jung-gu Seoul, Jung-gu, Seoul, issued one copy of the check number per bank in the name of the Defendant, and on June 13, 2013, the check holder issued the check to the above bank on June 13, 2013, which was within the time limit for the presentation of payment, but did not receive the suspension of transaction.

In addition, from that to April 30, 2013, the Defendant issued KRW 48,20,00 in total amount of five face value of a check, as indicated in the [Attachment Table No. 1, 2, 4, 6, and 9] from that time, and each check holder offered payment of each check within the period for presentment of payment, but did not receive payment as suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each accusation;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to accusation and check copies;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act (Selection of Fines) concerning the facts constituting an offense and Article 2 (2) and (1) of the same Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning rejection of prosecution under Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act

1. On June 25, 1984, the summary of the facts charged, the Defendant entered into a check contract with the branch of the Bank B in the name of the Defendant, and traded the check of the number of units.

On February 28, 2013, the Defendant issued one check number “H, face value “8,700,000,” and one check number per bank in the name of the Defendant named as “the date of issuance” under the following: (a) around February 28, 2013, the Defendant issued a check number “H”, “8,700,000,” and (b) on June 25, 2013, the check number was presented to the Bank on June 25, 2013, which is within the time limit for presentment for payment.

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