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(영문) 서울북부지방법원 2017.10.12 2017고정1559
부정수표단속법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution on September 26, 2014 by the Seoul Northern District Court, and the judgment became final and conclusive on September 26, 2014.

The defendant is a person who has operated a marina in the trade name of "B".

From July 31, 1997, the Defendant entered into a check contract with the new bank sealing branch and the Defendant, and has traded the check.

On December 2, 2013, the Defendant issued one copy of the check in the name of the Defendant, a bank, on June 20, 2017, indicating that the check number D, face value 65 million won is presented within the apartment building C apartment building B of Dobong-gu Seoul Metropolitan Government, and that it is issued one check in the name of the said bank.

However, the Defendant failed to pay KRW 65 million due to the shortage of deposits on the issued check presented within the period for presentation of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to telephone conversations with the payer of the check);

1. A written accusation;

1. A copy of the check;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Article 2 of the Act on the Regulation of Illegal Check for Criminal Facts and Article 2 (2) of the Act on the Control of Illegal Check for Punishment (Selection of Penalty)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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