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(영문) 인천지방법원 2013.04.24 2013고단430
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

From May 13, 2005, the Defendant entered into a check contract with the Bank of Korea branch and the Defendant under the name of the Defendant, and entered into a check check and traded the check number.

On June 28, 2012, the Defendant issued a check number I, check amount “I”, “70,000,000 won”, and the date of issuance “1 December 28, 2012,” at H office operated by the Defendant in Seo-gu Incheon, Seo-gu, Incheon, issued one copy of the check number per bank in the name of the Defendant.”

However, on December 28, 2012, the check holder presented the check to the above bank on December 28, 2012, which was within the time limit for presentment for payment, but the defendant did not pay the check due to the shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, a copy of defaulted check;

1. Article 2 (2) and (1) of the Control of Illegal Check elective for the Crime Act and Article 2 (2) and (1) of the Act on the Control of Imprisonment;

1. Part of not guilty under Article 62 (1) of the Criminal Act (Consideration of not guilty, such as the amount of non-payment of the check, the background leading up to the default, and the defendant's previous absence);

1. The summary of the facts charged is that the Defendant entered into a check contract with the branch office of the Bank of Korea and the Defendant from May 13, 2005 under the name of the Defendant and entered into a check contract and entered into a check with the Defendant.

On May 30, 2012, the Defendant issued one copy of the check number per bank in the name of the Defendant, which was named as “F”, “40,000,000 won”, and “date of issuance” at H office operated by the Defendant in Seo-gu Incheon, Seo-gu, Incheon.

On December 31, 2012, the holder of the check presented the check payment order to the above bank on the date of presentment for payment.

However, the defendant did not pay for the shortage of deposit.

2. In a case where a court takes a preservative measure prohibiting repayment, etc. to the debtor pursuant to Article 43(1) of the Debtor Rehabilitation and Bankruptcy Act, the payment bank of a check shall take such a preservative measure regardless of whether a deposit exists.

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