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(영문) 부산지방법원 동부지원 2014.08.14 2014고단434
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

As the defendant and C are married couple, the defendant has issued a check in the name of C as the basis for a share table contract between the common point of the national bank that C entered into with C's permission and the contract between the common point of the corporate bank and the common point of the corporate bank.

On February 28, 2010, the Defendant issued one check number “F”, “1,00,000,000,” and “C Industrial Bank of Korea issued on July 31, 2010,” in collusion with C, as indicated in the following subparagraphs 1 through 14, 16, and 26 of the attached Table of Crimes Day from around that time to June 30, 2010, the Defendant issued a check number “F”, “1,00,000,000,” “F”, “1,000,000,000,000,0000,000,000,000,000,000 from June 31, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to each accusation book, each family check, and each copy of each party share sheet;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning the facts constituting an offense, Article 30 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. As to the fact that the Defendant, as indicated in the annexed list No. 15, issued the check number as indicated in the annexed list No. 15 of the Social Service Order Act, and failed to pay the check amount on the presented date due to transactions, it is a crime falling under Article 2(2) and (1) of the Illegal Check Control Act and cannot be prosecuted against the explicit intent of the holder of the check under Article 2(4) of the same Act. According to the written application of the annexed list compiled in the records, G, the holder of the above check, expressed his/her intention not to be punished against the Defendant on July 8, 2014, which is the date of the instant indictment, and thus, Article 327 of the Criminal Procedure Act is recognized.

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