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(영문) 대구지방법원 서부지원 2018.01.17 2017고정627
부정수표단속법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[2017 High 627] The Defendant was operating D in Daegu Northern-gu, Daegu, and entered into a check contract with his/her branch office and the Defendant from May 8, 2001 and entered into a check contract under the name of the Defendant.

On November 21, 2016, the Defendant issued one copy of the family check in the name of the Defendant, the date of issuance, “5 May 5, 2017,” “3,000,000,” “E” and “E” and presented the check on May 8, 2017 during the period for presentation, but did not pay the shortage of deposit. In addition, the Defendant issued the total amount of KRW 22,00,000,000 in the family check as stated in [Attachment] Nos. 1 through 5, 7, and 9, and issued and paid each of them.

The defendant of "2017 High 88" is a person who manufactures and engages in wholesale business under the trade name of D.

From May 8, 2001, the Defendant opened a political party and traded checks in the name of the Defendant at a gender point of Daegu Bank.

On February 8, 2017, the Defendant issued four checks with the purpose of settling the price of goods equivalent to KRW 9,000,000 at face value, as shown in the annexed crime list, such as “C”, “C. 5, 2017”, “C. 5,” and “C. 5,000,000,000 at face value” at D offices located in the fourth floor of the Daegu Northern-gu C building.

The Defendant presented the payment to the said bank within the payment period by the holder of the said check, but violated the Illegal Check Control Act by making it not paid due to the reason of the suspension of transaction.

Summary of Evidence

[2017 Highly 627]

1. Statement by the defendant in court;

1. Each accusation and image of a check "2017 high 888";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation and image of a check;

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

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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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