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(영문) 서울북부지방법원 2013.07.04 2013고단520
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

From December 14, 1987, the Defendant entered into a check contract with the Dongdaemun-gu Branch of the Foreign Exchange Bank and the Defendant under the name of the Defendant, and traded the check number.

around October 29, 2012, the Defendant issued a one copy of the check number per check in the “G” office operated by the Defendant, which is the “H”, “H”, “30 million won”, and the date of issuance “20,000 won” in the name of the Defendant, around October 29, 2012, the Defendant presented the said check to the said bank on February 20, 2013, when the check holder presented a check payment presentation period, but the said check was not paid due to the suspension of transaction.

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 and the Selection of Imprisonment with prison labor for the crime;

1. Article 62(1) of the Act on the Suspension of Execution does not have any previous record of sentencing; Article 62(1) of the Criminal Act provides that another company which has traded with the reason of the occurrence of a fire in a factory and thus, the defendant also made a payment of default and there are circumstances to consider the motive of the payment of default; Article 62(1) of the Act on the Suspension of Execution provides that the defendant collects all remainder except for one copy of the unpaid check by endeavoring to recover the amount of not less than 150 million won per face value; and it reflects the depth of the check.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant entered into a check contract with the Dong-gate Branch of the Foreign Exchange Bank and the Defendant from December 14, 1987, and entered into a check contract under the name of the Defendant.

around October 29, 2012, the Defendant issued one copy of the check number sheet in the name of the Defendant, “C”, “30 million won”, “D”, “25 million won”, and “the date of issuance of a check” in the “G office operated by the Defendant in Jongno-gu Seoul, Seoul, under the name of the Defendant, which is the name of “C”, “C”, “30 million won”, “date of issuance”, “25 million won”, and “the date of issuance of a check”, and the check holder.

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