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(영문) 서울동부지방법원 2014.11.20 2014고단2534
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From July 27, 1999, the Defendant entered into a check contract with the new bank branch and the Defendant under the name of the new bank and traded household checks.

On June 9, 2014, the Defendant issued one copy of the above bank household check with the check number “E, face value of five million won, and date of issuance on June 13, 2014,” at D D stores operated by the Defendant, Songpa-gu Seoul 276, Songpa-gu, Seoul, and the Defendant presented a payment proposal within the payment date.

However, the defendant did not pay for the shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crimes;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. From July 27, 1999, the Defendant entered into a check contract with a new bank branch and the Defendant, and traded household checks.

On May 23, 2014, the Defendant issued five copies of the household check, such as the issuance of one copy of the check number “F, face value of five million won, and date of issuance,” at D D stores operated by the Defendant, Songpa-gu Seoul 276, and presented payment at the time of payment proposal, such as the issuance of one copy of the household check in attached Form 1, 2, 4, 5, 6.

However, the Defendant did not pay for the shortage of deposits or the suspension of transactions respectively.

2. The facts charged in this part of the judgment may not be prosecuted in a case where the drawer of a check collects the check in accordance with Article 2(3) of the Illegal Check Control Act for the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act.

However, the Defendant, who was the drawer of the check after the instant indictment, can be recognized as having recovered the checks listed in Nos. 1, 2, 4, 5, and 6 of the above attached Table of Crimes. Thus, this is based on Article 327 subparag. 6 of the Criminal Procedure Act.

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