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(영문) 인천지방법원 2014.10.22 2014고단3163
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six 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 July 26, 2007, the Defendant entered into a check contract with the union members of our bank and traded the check number.

On July 31, 2013, the Defendant issued one copy of the check number “E”, “27.8 million won”, and the date of issuance “F Representative A” under the name of “F Representative A” and presented the check number to the Bank on September 30, 2013, when the check holder presented the check number to the Bank on September 30, 2013, which is within the payment presentation period, but was not paid due to the suspension of transaction on that day.

In addition, the Defendant issued a check number of shares equivalent to KRW 72,80,000 in total on three occasions, such as the No. 2 or No. 4 of the attached Table of Crimes, and presented each check number within the period for which each check holder makes payment, but the check holder failed to pay each check due to the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of the Acts and subordinate statutes governing copies of checks;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with regard to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Prevention of Illegal Check

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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Control of Illegal Check Control due to the issuance of Check No. 1 as stated in the attached Table No. 1) (the violation of the Act on the Control of Illegal Check Control due to the issuance of Check No. 1);

1. The summary of the facts charged is as follows: (a) around June 7, 2013, the Defendant issued a check number “G”, the check amount “46.6 million won”, and the date of issuance “F Representative A” under the name of “F Representative A” under the name of “F Representative A” and presented a check number within the period for presentment of payment; (b) on September 23, 2013, when the check holder presented the check number to the said bank; (c) however, the check number was issued on the same day.

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