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(영문) 부산지방법원 2013.08.13 2013고단3349
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 2012, the Defendant violated the Illegal Check Control Act: (a) around June 22, 2012, the date of payment, issued by C in Busan, U.S. Co., Ltd., Ltd. in D; (b) the National Bank’s written central branch of the payment, “F of the check amount,” “F of the check number,” and the date of payment, “F of the check number,” “W of the National Bank’s written branch of the payment place,” and “G” of the check number, each back of the check number, “B” in which the amount of the check is “F million won,” and “H, I Co., Ltd., J, B of the Seo-gu Busan Metropolitan City, D retail Cheong Agricultural Products, and Jin,” stamped without authority.

As a result, the Defendant has forged each endorsement under the J name, which is a statement on the rights and obligations of the per unit.

2. The Defendant, at the time and place indicated in the above Paragraph 1, exercised the following as if he genuinely prepared two copies of the per share of the issuance E Co., Ltd., which forged endorsement to K.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police concerning L;

1. To apply a copy of the check of number of shares, and a copy of the complaint;

1. Article 5 of the Control of Illegal Check Act applicable to a crime; Articles 217 and 214 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the crime of uttering of counterfeited securities against each other, and against the amount of a check, the criminal administration of which is heavier than 40 million won);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she has no criminal record of a suspended sentence of imprisonment or more, the fact that he/she has not been punished by a holder of a check

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act or above.

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