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Reasons
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(영문) 서울북부지방법원 2015.07.30 2014고정2002
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant stated in the bill of indictment 1998 as "208" but it is obvious that it is a clerical error in light of the evidence relations, and even if it is corrected, it is judged that it does not affect the exercise of the defendant's right to defense. Therefore, it is corrected as above without the procedure

7. Around 18.18. In the name of the defendant, the Korean bank office 7 has entered into a household check with a branch office and traded a check.

around October 2013, the Defendant issued one check number G, face value G, KRW 3,00,000, and KRW 3,000 on April 30, 2014 on the date of issuance, one check number H, face value H, KRW 3,00,000, and the date of issuance, and presented a payment proposal to the said bank within the payment period, but the Defendant did not receive a disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each accusation (including a check copy) statute;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and Article 2 (2) and (1) of the same Act and the selection of fines for criminal facts;

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 part concerning rejection of prosecution under the former part of Article 6 of the Control of Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) the Defendant issued one check number B, face value 3,00,000, and the date of issuance at April 30, 2014; (b) the check number B, face value 3,00,000; and (c) the bearer presented payment to the said bank within the period of payment, but did not receive a disposition of suspension of transaction, at the same place on July 18, 2013; and (d) the check number C, face value 3,00,00,000,000, and the date of issuance at the same place on the same day as in Seoul, around October 2013.

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