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(영문) 의정부지방법원 2014.07.18 2012고단2347
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

C Around July 7, 2000, the Co., Ltd. entered into a check contract with the NongHyyang-a branch in its name, and the Defendant has from November 3, 201, entered into the check contract with the above company's representative director as the representative director.

On December 5, 2011, the Defendant issued one check number “E”, “15,00,000,000”, and one check number per bank in the name of the Defendant as “E”, “15,000,000” and “12, 2012.”

On January 12, 2012, the holder of the check presented the check to the above bank on January 12, 2012, which was within the time limit for presentment of payment, but did not receive due to the suspension of transaction.

In addition, from around that time to December 16, 201, the Defendant issued three copies of the total par value per unit of 70 million won at the above office, such as the No. 2, 3, and 6 of the List of Crimes, and presented a payment proposal within each payment period, but the Defendant did not pay each due to the shortage of deposits or the suspension of transactions.

Summary of Evidence

1. The defendant's partial statement in the fourth trial record [it can be predicted that the person who entered into a check contract with the bank as the representative director was not involved in the company's management at all, in light of various circumstances, he cannot be exempted from liability for the violation of the Illegal Check Control Act following the issuance of a check if he could have predicted that the check would not be paid at the date of presentation (see, e.g., Supreme Court Decision 2007Do1931, May 10, 2007). The defendant accepted the company with F with F to use the check of each of the above companies after acquiring the company C, and allowed F to issue the check of shares under the name of F, and a large amount of check issued within the short period is not settled. The defendant acquired C with F with the company around September 201, and issued and used the check of shares after acquiring the company, etc.

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