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(영문) 수원지방법원 2016.01.20 2014고단5893
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.

Reasons

Punishment of the crime

On May 7, 2013, the Defendant entered into a check contract under the name of Samsungdong Branch of Han Bank and the Defendant, and traded over the check.

On July 2014, the Defendant issued one copy of the check per bank account in the name of the Defendant, which became the representative of Songpa-gu Seoul Metropolitan Government Co., Ltd., Ltd., which was the check number D, the check amount, the check amount, and the date of issuance, as the Defendant’s name.

On July 10, 2014, the Defendant had not paid the shortage of deposits even though the said bank presented the payment of the said check.

In addition, the Defendant issued three copies of a check of KRW 67 million in total as indicated in the list of crimes, and the Defendant failed to pay the said check to the bank within the period of each payment.

D on July 1, 2014, on the date of issuance of the check number number number, the reason for the default on par value is as follows: D on July 10, 2014; D on July 10, 2014; D on July 10, 2014; D on September 3, 2014; D on September 3, 2014; D on September 3, 2014; 〃 3; on August 2, 2014, 〃 67 million won in total; and

1. Statement made by the witness G in the fifth public trial records;

1. Some statements made against the defendant during the police interrogation protocol;

1. The Defendant and the defense counsel regarding each accusation note, each party check, and each defense counsel’s assertion were transferred only in the name of the Defendant by H acquiring a stock company C and requesting the Defendant to become a formal representative director, and the instant party check was entirely issued by H, and thus, the Defendant cannot be held liable for a violation of the Illegal Check Control Act.

A check contract was entered into with the bank as a representative director in form;

In light of various circumstances, if it can be predicted that the check will not be paid on the date of presentation at the time of issuance, it shall not be exempted from the responsibility for violation of the Illegal Check Control Act following the issuance of the check.

Recognizing the above evidence, the following facts are admitted.

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