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Reasons
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(영문) 대전지방법원 공주지원 2013.09.06 2013고정88
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2013Gohap88] The Defendant, from July 24, 2001, concluded a check contract with the official branch of the National Bank and the Defendant from around July 24, 201, was engaged in the transaction of the check number table. In light of the evidence record around November 22, 2012, the Defendant appears to be the clerical error of the check number “E”, the check amount “12,830,400 won”, and the date of issuance “12,830,400 won”, and the check amount issued under the name of the Defendant under the name of the Defendant, “3, 21 March 21, 2013” and paid the check amount on November 21, 2012, which was written in the indictment, around November 22, 2012.

[2013 order 214] From July 24, 2001, the Defendant entered into a check contract with the official branch of the National Bank from around July 24, 2001 under the name of the Defendant and was engaged in the transaction of the check number table.

1. Around December 27, 2012, at D offices operated by the Defendant in C, the check number “F”, “8,000,000 won”, and the date of issuance “1 copy of the check number per bank” issued in the name of the Defendant, which is the date of issuance, and the check holder offered a payment proposal on April 22, 2013, for which the check holder is within the period of presentment for payment, but the check holder was not paid as a disposition of suspension of transaction; and

2. Around January 8, 2013, at the place indicated in paragraph (1), the check number “G”, the check amount “50,000,000 won” and the Defendant’s name, “date of issuance,” issued one copy of the check number per bank and presented the check number to the bearer on April 22, 2013 during the period of presentment for payment, but did not receive a disposition of suspension for transaction.

Summary of Evidence

1. Defendant's legal statement;

1. A civil petition for investigation (2013-887) and a written accusation;

1. Application of the relevant statute to each accusation (Evidence of the case No. 1973 of the year 2013);

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;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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