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(영문) 서울남부지방법원 2014.01.16 2013고단4207
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the distribution business of construction materials under the trade name of Guro-gu Seoul Metropolitan Government International Commercial Code No. 209.

The defendant, from April 13, 2001, entered into a contract with the Meti Bank's affiliated branch of Korea and entered into a household check and traded the check.

On March 21, 2013, the Defendant issued a check number D, face value “D”, “ca million won”, “date of issuance”, and “A” as “A” at the above C Industrial Office.

On September 2, 2013, the holder of the check presented the above check on September 2, 2013, which was within the time limit for presentment for payment, but the Defendant did not pay the check for shortage.

On the same day and at the same place as above, the Defendant issued two copies of the household check in the above bank named in the name of the Defendant, i.e., [Attachment Table Nos. 2 and 4] and the total face value of KRW 10,000,000,000 at the above bank, and the check holders paid the check within the period for presentment of payment, but did not pay the check for the shortage of deposit respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each letter of accusation (the investigative records, the pages 7 through 9, 15 through 16-1);

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

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

1. Articles 70 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. The summary of the facts charged is that the Defendant entered into a contract with the branch of the Korea Cyti Bank from April 13, 2001 and entered into a household check with the branch of the Korea Cyti Bank.

On March 21, 2013, the Defendant issued one check number “E”, “E” at par value”, “date of issuance”, “A”, and “A” at the above C Industrial Office.

On September 2, 2013, the holder of the check presented the above check on September 2, 2013, which was within the time limit for presentment of payment, but the Defendant is insufficient to deposit.

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