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(영문) 대구지방법원 서부지원 2014.05.01 2013고단346
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 2012, the Defendant was asked to the effect that “the name of the representative director of D, which he accepted, is lent.” On July 25, 2012, the Defendant was the nominal representative director of D, a company through the process of change of the name of the representative at the Gyeongnam-si, Namnam-si, where the current account transaction agreement with D was entered into with D, Yangnam-si, where the agreement with D for the current account transaction was entered into. Accordingly, C has traded the said Nonghyup branch and the Defendant under the name of D, which is a nominal representative director.

C on November 2012, 2012, at the (ju) D office located in F in Daegu-gu, Daegu-gu, a check number “G”, the check amount “16,00,000,000,” and the date of issuance “15, 2013,” issued one copy of the check number per bank in the name of the Defendant.

On January 15, 2013, the check holder presented the check to the above bank on January 15, 2013, which was within the time limit for presentment for payment, but C did not pay the check due to the shortage of deposit.

C In addition, as stated in the attached list of crimes committed in attached Form 17, the number of units was issued and the above check presented for payment within the payment deadline was not paid for each reason such as shortage of deposits or non-transaction (Suspension of transactions on January 22, 2013).

Accordingly, the defendant did not pay on the date of presentation for reasons such as shortage of deposit after issuing a receipt slip in collusion with C.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Each accusation;

1. Application of Acts and subordinate statutes to the copy of each defaulted check, copy of each defaulted number of shares, and copy of each schedule of shares;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act, Article 30 of the Criminal Act concerning the crime. Article 30 (Selection of Imprisonment);

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

1. Article 62(1) of the Criminal Act of the suspended execution is only a representative director in the name of the company of this case at the request of C and a statement of actual receipt is issued C.

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