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Reasons
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(영문) 대구지방법원 서부지원 2013.03.21 2012고단1401
부정수표단속법위반
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A defendant shall be punished by imprisonment for two years.

Of the facts charged in this case, the check No. 43 ( check No. C) of the crime sight table.

Reasons

Punishment of the crime

On April 16, 2009, the Defendant entered into a check contract with the Daegu Bank Business Sub-branch and Co., Ltd. in the name of Daegu Suwon-gu and entered into a check contract under the name of D and entered into a check contract.

On October 25, 2011, the Defendant issued a check number “G”, check amount to KRW 34,500,000, and issuance date to the said D office operated by the Defendant in Daegu-gun E and F, and one copy of the check number per the said D office in the name of the Defendant.

The Defendant presented the check on October 25, 201, which was within the time limit for presentment for payment by the check holder, but did not receive the check due to the shortage of deposit.

In addition, the Defendant issued 48 copies of the check amount in total equivalent to KRW 1,107,480,000 in the check amount as stated in the attached list of crimes (not No. 43 in net order) and failed to pay the check amount as a result of the shortage of deposit or the suspension of transaction even though the check holders presented payment within the period of time when payment was made.

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 concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Selection of Imprisonment;

1. Of concurrent crimes, the part concerning the dismissal of prosecution pursuant to the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Around April 16, 2009, the Defendant entered into a check contract in the name of the Daegu Bank's business sub-branch and the company D and entered into a check contract in the name of the company.

On October 25, 2011, the Defendant issued one check number “C”, check amount of KRW 31,00,000, and issuance date “1 January 31, 2012” in the above D offices operated by the Defendant in Daegu-gun E and F. Around October 25, 201.

On January 31, 2012, the Defendant presented the check to the holder within the time limit for presentment for payment, but did not receive the check due to the shortage of deposit.

2. The above facts charged are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and Article 2 of the same Act.

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