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(영문) 수원지방법원 안산지원 2016.02.16 2015고단924
부정수표단속법위반
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

1. The Defendant, as the representative director of the Company B, concluded a check contract with a branch office in the name of the National Bank B around March 26, 2009 and traded the check.

On June 30, 2014, the Defendant issued one copy of the check check in the name of the said bank in the name of B on September 30, 2014, at the B office of the Defendant’s management company running at Sinsi-si (C): D: face value:30 million won; and the date of issuance.

In this regard, even though the holder of the check at issue presented the check to the above bank around September 30, 2014, which was within the time limit for presentation, the Defendant did not pay the check due to the shortage of deposit.

In addition, the Defendant issued KRW 80,000,000 in total and KRW 170,000 in the face value of the said bank over eight times (excluding No. 2 and No. 3 a year) in the name of Co., Ltd. from the end of June 2014 to the end of July 2014, as indicated in the list of annexed crimes, and each of the holders of the checks presented payment within the period of presentation, he did not receive each shortage of deposit or suspension of transaction.

2. The defendant B is a corporation of which the above A is its representative director.

As stated in paragraph (1), the Defendant did not pay 8 copies of the check at issue in the name of the Defendant, and 170 million won in total at face value, as the suspension of transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each accusation and copies of current check;

1. A detailed statement of check;

1. Application of all the registered matters of corporation B to the Act;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: The main sentence of Article 3(1) of the Regulation on Illegal Check Act, Article 2(2) and Article 2(1) of the same Act (or the choice of imprisonment);

B. Defendant B: The main sentence of Article 3(1) of the Control of Illegal Check Act, Article 2(2) and Article 2(1) of the Control of Illegal Check Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant B corporation with the provisional payment order: Criminal Procedure Act.

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