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Reasons
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(영문) 의정부지방법원 2013.07.18 2013고정1227
부정수표단속법위반
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Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

"2013 High Court Decision 1227" Defendant opened a new bank (former Soung Bank) branch and the current account under the name of the Defendant on 27 June 1996 and traded checks.

On October 17, 2012, the Defendant issued one copy of the household check, which is “G”, “G”, “the par value”, and “the payment date, February 2, 2013,” at the office of “D” located in the Gu Government-si.

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

From around October 27, 1996, the Defendant opened a new bank (former Soviet Bank) and a family comprehensive deposit account in the name of the Defendant and traded checks.

On October 10, 2012, the Defendant respectively issued a check number H, par value “H,” and a check number I, par value “I,” and a family check on January 19, 2013, which is “D” office located at the time of the Government, respectively.

Each holder of the check presented each payment to a company bank, foreign exchange bank, and Korea CTR Bank within the period of presentation for payment, but did not pay for the shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning rejection of prosecution under 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 has been opened in the name of the Defendant from around 27, 1996, a new bank (former Cho Jae-gu Bank) branch and a family comprehensive deposit account and traded checks.

On October 1, 2012, the Defendant’s check number F in the House “D” office located in Speaker-si, “F” and “F”.

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