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(영문) 부산지방법원 2015.03.04 2014고단7370
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who entered into a contract for the establishment of current account transaction with Busan Bank on October 31, 1992.

[2014 Highest 7370] On June 30, 2014, the Defendant issued one copy of the household check with a face value of KRW C, the date of issuance August 3, 2014, and the face value of KRW 5 million, and thereafter, on August 4, 2014, the last holder presented a proposal for payment to the office of resignation of the Busan Bank located in the Dong-gu Busan Metropolitan City, but did not pay the face value due to the shortage of deposit, as shown in the attached crime daily list (1) as shown in the attached Table, including that the last holder presented a proposal for payment with a face value of KRW 6, a total face value of the household check from May 14, 2014 to June 30, 2014, and issued a total of KRW 30,000,000,000 to each last holder, but did not pay the face value due to a shortage of deposit or a non-transaction.

[2014 Highest 8627] The Defendant issued one copy of the household check with D/L number on May 31, 2014, the date of issuance on August 31, 2014, and the face value of five million won, and issued them on September 1, 2014, which was within the period for which the last holder presented a payment proposal to the position of the Busan Bank that was located at the time of his/her resignation, but did not receive it as a non-transaction. The Defendant issued six copies of the household check from May 31, 2014 to July 11, 2014, as shown in the attached list of crimes (2).

Summary of Evidence

[2014 Highest 7370]

1. Defendant's legal statement;

1. Copies of each accusation and dishonor; and

1. Investigation report (the final bank presenter for each non-check check) (the telephone conversation for each party);

1. Defendant's legal statement;

1. Each accusation and copy of a check;

1. Application of Acts and subordinate statutes concerning transaction of household checks;

1. Relevant Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. From among concurrent offenders, even though the period of time has elapsed after the crime of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act was committed, the checks listed in the attached Form have not been recovered.

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