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(영문) 의정부지방법원 2017.09.20 2017고단3615
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 18, 2008, the Defendant entered into a check contract with a branch office of the Industrial Bank of Korea and traded household checks under the name of the Defendant.

On March 2016, the Defendant issued one copy of check number “E”, face value “5,00,000,000”, and issuance date “F. 23 June 2016, 2016” at the Defendant’s office, which is a place of textile manufacturing business operated by the Defendant, and presented the check to the Bank on June 23, 2016, when the holder of the check presented the check within the period for presentation, but did not pay the shortage of deposit. In addition, the Defendant issued the check at the same place from March 2016 to June 2016 in the same manner in the same manner, and presented the check for each of the above banks during the period of deposit payment. However, each of the holders of the check failed to pay the check at each of the above banks, such as the check number 2,3,4,15,16, 24, and 25.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the police officers of the accused;

1. Each accusation (one accusation (26, 30, 34, 78, 82, 114, 2 pages);

1. Application of Acts and subordinate statutes to a copy of each household check (one page, 29, 33, 37, 81, 85, 117, 117, 5 pages);

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

1. Selection of each alternative fine for punishment;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is in depth of the defendant, and the best effort is made to recover the check, and the defendant's age, sex, environment, attitude after committing the crime, etc. shall be determined as the same as the order;

Rejection of Public Prosecution

1. The summary of the facts charged is that the Defendant, under the name of the Defendant, entered into a check with the Bank of Korea on January 18, 2008.

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