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(영문) 서울중앙지방법원 2013.10.04 2013고정2864
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 25,000,000.

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

Reasons

Punishment of the crime

1. After the suspension of transaction, the Defendant issued the check after the suspension of transaction, was unable to issue the check on January 12, 2009, when he entered into a check contract with the Korean bank Pungdong Branch on November 1, 2006 and entered into a check contract with the Korean bank D on January 12, 2009.

Nevertheless, the Defendant issued one check number “E”, face value “Won 6,500,000,000, 6,5000,000, in a place where the location is unknown on June 2009, one check number “E”, “Won 6,50,000,000,” the issue date blank, the payer, and the place of payment “Korea Bank Pungdong Branch” in the name of D.

2. After the issuance of a check, the Defendant issued one copy of the check number F, face value 132,250,000 won, and one copy of the check number per bank under the name of a stock company with a blank date D, at a place where the location is unknown on November 21, 2008, the Defendant presented the check on April 28, 2010, which is within the period for presentment of payment, but did not receive a disposition of suspension of transaction.

In addition, as indicated in the attached list of crimes, the Defendant issued 8 copies of the above bank's number of shares equivalent to the total par value of 3,564,250,000 over eight occasions, and the above check was presented on April 28, 2010, which is within the time limit for the presentation of payment, but did not receive each of the suspension of transaction.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police officer in G; and

1. Each description of each written accusation;

1. Application of Acts and subordinate statutes to the statement of loan certificate;

1. Article 2 (1) 2 of the Control of Illegal Check Control Act (the issuance of a check after the disposition of suspension of transaction), Article 2 (2) and (1) of the Control of Illegal Check Control Act (the point of default after the issuance of a check), and Article 2 (2) and (1) of the Act on the Control of Illegal Check; and

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)1 of the Criminal Act for the detention of a workhouse;

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