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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
From July 14, 2005, the Defendant has been trading by entering into a contract with a foreign bank located in Seodaemun-gu Seoul, Seodaemun-gu.
On September 25, 2012, the Defendant issued three copies of the household check amounting to KRW 9 million in total until November 25, 2012, as shown in the attached Table Nos. 1, 2, and 4, including the issuance date of “D” face value “3 million won” at the Defendant’s office located in Jongno-gu Seoul Jongno-gu Co. 136 of the first floor.
However, the Defendant presented the payment to the bank within the period for presentation, but did not receive the payment due to the shortage of deposit or the suspension of transaction.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each accusation and a copy of check Acts and subordinate statutes;
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and Article 2 (2) and (1) of the same Act and the selection of fines for criminal facts;
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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. The summary of the facts charged has been traded by entering into an agreement with the Korean bank located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul from July 14, 2005 with the family check.
On November 15, 2012, the Defendant issued one copy of the household check, stating “B” face value “3 million won” at the above Defendant’s office, “No. 12, 2013.”
However, the Defendant presented the check to the bank within the period for presentation, but did not receive the check due to the shortage of deposit or the suspension of transaction.
2. The facts charged in this part of the judgment are the crime in which a person who issued a check pursuant to Article 2(4) of the Illegal Check Control Act can not institute a public prosecution in case the check was recovered, and the defendant recovered the check after the institution of the public prosecution in this case.