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(영문) 부산지방법원 2016.04.21 2015고단6892
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 6892] The Defendant, under the name of the Defendant on March 29, 1994, opened a party account at the Dongnam Bank’s salary-dong branch ( current national bank office) and the party account and traded checks.

On March 6, 2015, the Defendant’s check number “D” and “2015” on the date of issuance at C Office operated by the Defendant located in Busan Seo-gu B.

6. From June 26, 2015 to June 26, 2015, one set of household checks, “3,000,000 won”, including the issuance of one copy of the household checks, which are “3,00,000 won”, were issued in the same place as above, 15,00,000 won per five face value of the household checks, such as [Attachment 1], 2, 4, 5, and 6.

However, each holder of the check presented each payment to the above bank within the period of presentation for payment, but did not pay the shortage of deposit (the suspension of transaction, the cancellation of the check contract or the termination of the check).

[2015 High Order 7965] The Defendant entered into a check contract with the Dongnam Bank’s dong Branch (former Cheong-dong Branch of the Korean Bank) on March 29, 1994 under the name of the Defendant, and traded the check.

On May 12, 2015, the Defendant issued one copy of the family check in the name of the Defendant, “E”, “3,000,000 won at par value”, and “8.1 August 1, 2015.”

However, on August 3, 2015, the Defendant presented the check to the above bank on August 3, 2015, which was within the time limit for presentation, but did not pay it as non-transaction.

In addition, from that to May 20, 2015, the Defendant issued 13 copies of household checks equivalent to KRW 39,000,000 at face value over 13 occasions, as shown in the list of crimes in attached Table 2, and did not pay them as non-transaction.

Summary of Evidence

[2015 Highest 6892]

1. Statement by the defendant in court;

1. Each accusation (a list Nos. 1, 2, 4, 9, 10) (a list of evidence) / [a list Nos. 1, 2, 4, 9, 10]

1. Statement by the defendant in court;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;

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