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(영문) 부산지방법원 2016.10.28 2016고단2481
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant entered into a check contract with BNK Bank in the name of the Defendant and entered into a check contract with BNK Bank and entered into a transaction of the per unit.

On March 25, 2015, the Defendant issued one check number “G” and one check number “G” and one check number per bank number per bank under the name of the Defendant, the issue date of which is blank, in order to secure the payment of steel transaction prices to F Co., Ltd., which traded in Pyeongtaek Steel within the office of the Defendant’s management of Gangseo-gu Busan, Busan.

When the Defendant could not normally pay the steel transaction price to F Co., Ltd. on or around February 2016, F Co., Ltd. entered the date of issuance of the said check as “F Co., Ltd. February 22, 2016” and “139,151,597,” and presented a payment proposal to F Co., Ltd., but did not pay it as a non-transaction, around February 22, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A detailed statement of accusation;

1. Copy of the schedule of number of shares in arrears;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the timing to exercise the right to supplement a blank check);

1. Determination as to the defendant's assertion of the defendant's choice of imprisonment with labor, Article 3(1), Article 2(2), and Article 2(1) of the Control of Illegal Check Control Act regarding criminal facts

1. Whether an illegal check is issued;

A. The argument that the Defendant issued the instant check is that the F Co., Ltd. issued the check on March 25, 2015, and thereafter, the F Co., Ltd stated the issue date and the face value on the check is merely a supplementary act, and thus, the Defendant did not pay the check on the date of presentment of payment.

Even if the illegal check is not issued, it is not established.

B. Since the issuer of a blank check is not different from the supplement of its amount within the scope of the right to supplement the relevant legal principles, the issuer of a blank check constitutes “a person who has issued a check” under Article 2(2) of the Illegal Check Control Act.

C. According to the evidence duly adopted and examined by this Court, E Co., Ltd. is not settled with F Co., Ltd.

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