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(영문) 의정부지방법원 고양지원 2015.08.21 2014고단1114
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From January 22, 2003, the Defendant entered into a check contract with the airport branch of Han Bank under the name of the Defendant, and traded household checks.

around December 1, 2009, the Defendant issued one check number D, face value “D”, “five million won”, and issuance date “ February 28, 2010” under the Defendant’s name, which was the “C office’s operation,” which was the date of the Defendant’s issuance, and paid to the said bank on February 28, 2010, when the check was presented to the said bank during the period of presentment for payment, but did not receive the check due to the shortage of deposit or the suspension of transaction, etc. from that time until February 1, 2010. However, the Defendant issued a total of 18 checks (a total amount of KRW 89 million) as indicated in the attached list of crimes (i.e., the date of issuance No. 7 or 12 until March 31, 2010) and paid the check within the period of payment suspension or payment. However, the Defendant did not pay the check within the period of deposit suspension or payment.

Summary of Evidence

1. Each protocol of examination of the suspect against the prosecutor and the defendant prepared by the police;

1. Statement of E;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Act (amended by Act No. 10185, Mar. 24, 2010) applicable to the crime and Article 2 (2) and (1) of the former Enforcement Decree of the Control of Illegal Check Act that choose a punishment;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act revealed that the household check issued by the Defendant was not traded due to the shortage of deposits, etc., but was withdrawn money from the account and used for repayment of other debts, but the former spouse was not paid the household check by arbitrarily withdrawing the company’s money during the investigation process, and using it.

In this case, the sum of the face value of household checks which have not been settled reaches KRW 89 million, and the procedure of this case was delayed because the location of the defendant is not verified.

The age, character and conduct of the accused, and others.

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