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(영문) 서울중앙지방법원 2019.11.20 2019고정1760
부정수표단속법위반
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From October 28, 2000, the Defendant entered into a check contract with B Bank's dominant point and the name of the Defendant, and traded household checks.

On February 2018, the Defendant issued a check number F, 5 million won of check amount, and one bank check under the name of the Defendant on March 30, 2019, which was the date of issuance. On April 2, 2019, when the holder of the check presented the above check to the above bank on the date of payment, but did not pay due to the suspension of transaction, as shown in the attached list of crimes in the attached Table, the Defendant issued a check of KRW 13.2 million of the total amount of the check three times from that date until February 2019, but did not receive the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation regarding the preparation of the B Bank Business Support Center;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under the former part of Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act was that the defendant issued several separate household checks at an investigative agency at the time of each of the crimes of this case. In the case of the formal trial of this case, the defendant requested that the defendant consolidate and examine the case under the same name of the same crime against the defendant. However, the defendant did not request a formal trial after receiving a summary order of KRW 3 million from the case of violation of the Illegal Check Control Act (the fact that the defendant did not receive the provisional coefficient mark of KRW 5 million in total) of this Court Decision 2019Da5373, the above summary order became final and conclusive at that time.

As to the above summary order by the defendant.

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