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Reasons
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(영문) 인천지방법원 2014.10.10 2014고정1904
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 29, 2007, the defendant entered into a check contract with the territory of the National Bank, and traded household checks.

1. On September 2013, the Defendant issued a check number “C”, “C” on the date of issuance, and “3,000,000 won” under the Defendant’s name, at the Defendant’s office located on the fourth floor of Yangcheon-gu Seoul Metropolitan Government B building, and presented a payment proposal to the said bank on January 27, 2014 during the period of payment proposal, but did not receive the payment as a transaction.

2. On October 2013, the Defendant issued a check number D, “D” on the date of issuance, “28 February 2014,” and “3,000,000 won” under the Defendant’s name, which is the Defendant’s office as stated in paragraph (1), and written the written indictment on February 28, 2014, the holder of which is the date of presentment for payment, is indicated as “the written indictment on February 28, 2014.” However, this appears to be a clerical error in the Defendant’s office as stated in paragraph (1), and as such, there is no concern that there is any substantial disadvantage to the Defendant’s exercise of his/her right to defense, the Defendant corrected it ex officio and recognized it.

Although it was proposed to pay to the above bank, it was not paid as a disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each letter of accusation (investigative Records No. 8 and 13), each household check (investigative Records No. 10, 15 pages);

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

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. Article 6 of the Control of Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act;

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