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(영문) 부산지방법원 동부지원 2014.04.24 2013고단3183
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From January 21, 1997, the defendant entered into a check contract with the Busan Bank's Hodong Branch and has traded household checks.

1. On July 25, 2013, the Defendant issued one check number E, 3 million won of check amount, and one household check issued on September 30, 2013 at the office of the D company located in Busan Nam-gu, Busan, and the date of issuance. On September 30, 2013, the holder offered a proposal to pay the check to the above bank on September 30, 2013, but did not receive the shortage of deposit.

In addition, the Defendant issued a total of KRW 21 and a total of KRW 61,80,00 in face value as indicated in the [Attachment] List Nos. 1 through 6, 9, and 23, and proposed payment within the payment deadline by each holder, but did not receive any shortage of deposit or free transaction.

2. On September 16, 2013, the Defendant issued a check number F, the check amount of three million won, and the date of issuance on November 24, 2013 at the above D Company’s office office.

On November 27, 2013, the Defendant had not paid the check due to the suspension of transaction, even though the check was presented to the above bank on November 27, 2013, when the payment was presented.

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 Act concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that there is no military force subject to punishment and the fact that the punishment is recognized for mistake);

1. As to the fact that the Defendant issued the provisional coefficient mark as shown in the attached list No. 7 and No. 8 of the crime list, but failed to pay the check money on the presented date, the part dismissing the prosecution of Article 62-2 of the Social Service Order Criminal Act is a crime falling under Article 2(2) and (1) of the Illegal Check Control Act and is the explicit intention of the holder of the check under Article 2(4) of the same Act.

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