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Reasons
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(영문) 창원지방법원 2013.11.29 2013고정1194
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From May 27, 1991, the Defendant entered into a check contract with the Jinhae Central Branch of the Nonghyup Bank and the Defendant under the name of the Defendant, and has traded the check number per unit.

1. On September 13, 2012, the Defendant issued one check number “B”, “B” on the date of issuance, and “69.70,000 won” on the Defendant’s name, at the Defendant’s office located in the Jinhae-si, Jin-si, Jin-si, Jin-si, and issued one check number per bank under the name of the Defendant.

On February 5, 2013, the holder of the check presented the check payment to the above bank on February 5, 2013, which was within the time limit for presentment for payment, but the Defendant did not pay it as non-transaction.

2. On October 25, 2012, the Defendant issued a check number “C”, “C” on the date of issuance,” and “four million won” on the check amount in the name of the Defendant, one copy of the check number per bank in the above office.

On January 31, 2013, the check holder presented the above check to the above bank on January 31, 2013, which was within the time limit for presentment for payment, but the defendant did not pay the check in shortage.

3. On November 24, 2012, the Defendant issued a check number “D”, “D March 2, 2013”, and “five million won” of the check amount at the above office. A copy of the check number per bank was issued in the name of the Defendant.

On March 7, 2013, when the check was presented to the above bank on March 7, 2013, when the check was presented, the Defendant did not receive the check as a non-transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act (Selection of Fines) concerning the facts constituting an offense and Article 2 (2) and (1) of the same Act;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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