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(영문) 의정부지방법원 2015.09.22 2015고단1431
부정수표단속법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From April 4, 2001, the Defendant entered into a check contract with the shipping branch of Korea Bank and C in the name of Korea Company, and has traded the check number per unit.

[2] On August 14, 2014, the Defendant issued one copy of the number of shares per bank in the name of C, which was written in the indictment on October 31, 2014, to the effect that the Defendant, as the representative director, works for the C office of the Co., Ltd., the Defendant, “E”, “7,510,717 won”, and the date of issuance “ September 5, 2014” as written in the indictment on October 31, 2014, appears to be the clerical error in the indictment.”

However, on September 5, 2014, the Defendant did not pay as suspension of transaction even though the check was presented to the above bank on September 5, 2014.

In a case where a holder of a pre-date check, contrary to a special agreement, presents it for payment before the date of issuance on the check, such check shall be deemed to be an illegal check under the Control of Illegal Check Control Act if it has not been paid due to the shortage

(See Supreme Court Decision 73Do3445 Decided February 12, 1974, etc.). [Attachment 2015Da3274] around August 28, 2014, the Defendant issued a check number “F”, “F”, “5,00,000 won”, “date of issuance”, “F on December 31, 2014”, “A representative director A of the issuer C in charge of the issue, “A of Gyeonggi-do” in the place of issuance, and “a bank consignment branch in Korea” in the payment bank, and issued one copy of the number of shares of the said bank within the period of time when the holder proposed the payment to the said bank, but did not pay for the shortage of deposits.

Accordingly, the defendant did not pay the shortage of deposits on the date of payment proposal after issuing the check of the number of shares.

Summary of Evidence

[2015 Highest 1431]

1. Defendant's legal statement;

1. A written accusation;

1. Investigation report (a check on a bill or check);

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to the copy of the schedule of default;

1. Article 2 (2) of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 (2) of the Act on the Control of Illegal Check of Punishment.

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