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(영문) 의정부지방법원 2015.08.11 2014고단4848
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

[2] From February 26, 2009, the Defendant stated “Defendant’s name” in the indictment under the name of the Ministry of Strategy and Finance and the Defendant’s operation (State). However, this appears to be a clerical error in the name of the Ministry of Strategy and Finance (State)C. Therefore, the Defendant’s amendment without following the amendment process is to be made ex officio without following the amendment process.

The check contract has been entered into and has been traded in the check number of units.

The Defendant stated “E”, “10,00,000 won”, “10,000 won”, and “the name of the Defendant” in the written indictment in the name of the CC as of April 29, 2014. However, the Defendant appears to be “the name of the Defendant” in the name of the CC as of July 31, 2014 without following the amendment of the indictment. As such, the Defendant’s amendment ex officio without following the amendment of the indictment.

In the indictment as stated in the attached Table (1) Nos. 1 through 10, and 12, including the fact that the holder issued one copy of the above bank's number of units and presented a payment proposal to the above bank on July 31, 2014, which was within the time limit for the presentation of payment, and that the bank did not pay the deposit shortage, the grounds for the default of each of the above number of units listed in the attached Table (1) Nos. 5 and 6 are stated as "short deposit shortage". However, according to the accusation note, the above grounds for default of the above number of units appears to be "untransaction", and in light of the oral proceedings of this case, even if recognized as above without any changes in the indictment, it shall be corrected ex officio without following the amendment of the indictment.

As shown above, the number of shares per share of KRW 74,230,000 issued 11 per share, and the holder presented payment within the time limit for proposal for payment, but the holder did not pay for shortage of deposits or non-transaction.

[2015Kadan962] The Defendant entered into a check contract in the name of the sender branch and the Defendant’s management (state)C from February 26, 2009.

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