logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.27 2014고단3433
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

(2014No. 3433) The Defendant entered into a contract with a third party branch of a national bank on September 26, 1992, and entered into a household check with a third party branch of a national bank on August 31, 2009, and traded each check.

On September 15, 2014, the defendant issued a provisional coefficient list in the name of the defendant, which is "D' located in C' and "1 million won on September 15, 2014".

However, on September 16, 2014, the Defendant issued a total of 11,682,120 won as stated in the attached Table Nos. 3, 5 through 7, 10, 11, 14, and 16, including that the check was not paid due to the shortage of deposits even though the payment was presented on September 16, 201, when the payment was presented, the Defendant failed to pay it within the period of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each accusation book, each household check, and a copy of the current number of shares;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of this part of the facts charged: Attached Table 1, 2, 4, 8, 9, 12, and 13 No. 2015No384: Unpaid following the issuance of each check listed in attached Table 1, 2, 4, 8, 9, 12, and 13

2. The judgment is based on the case where the person who issued or prepared the check pursuant to Article 2(4) of the Illegal Check Control Act collects or fails to collect the check, which cannot be prosecuted against the explicit intent of the holder of the check. According to the records, it can be acknowledged that the defendant recovered the check after the prosecution of this case or the holder of the check withdraws his intention of punishment.

arrow