logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.05.12 2015고정2721
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 9, 2001, the Defendant entered into a check contract with the Industrial Bank of Korea under the name of the Defendant and traded household checks.

On February 2, 2015, the Defendant issued four copies of a family check as listed in the attached Table Nos. 1 through 3 and 7, including that the check number “C”, the issue date “C May 25, 2015,” and the amount “3,00,000 won” under the Defendant’s name and presented to the said bank on May 26, 2015 during the period for presentation of payment, but did not receive the payment as the suspension of transaction. However, the Defendant issued four copies of a family check as listed in the attached Table Nos. 1 through 3 and 7, but did not receive the suspension of transaction.

Summary of Evidence

1. A protocol concerning the prosecution of the accused and the interrogation of the suspect by the police;

1. Each investigation report;

1. Application of Acts and subordinate statutes to each written accusation (including attached documents);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged was issued by the Defendant as indicated in the list Nos. 4, 5, and 6 in the annexed crime list, and the check was presented within the period for presentation, but the check was not paid due to the suspension of transaction.

2. The judgment is a case in which it is impossible to institute a public prosecution when collecting the check pursuant to Article 2(4) of the Illegal Check Control Act. Since the Defendant recovered the check after the prosecution of this case, this part of the public prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

arrow