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(영문) 대전지방법원 2015.06.25 2015고단859
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 859] The Defendant concluded a contract for the establishment of the accounts with the Chungcheongnamnam Business Association from February 28, 1992 and traded checks.

around August 20, 2014, the Defendant issued one check number “E”, face value “5,00,000,000 won” in D offices located in Seo-gu Daejeon, Seo-gu, Daejeon, and presented a payment proposal on December 29, 2014, which was the date of issuance of “5,00,000 won”, and did not receive as a result of shortage of deposits or suspension of transactions, even though each holder presented a payment proposal on December 29, 2014, which was within the payment proposal period, on August 20, 2014.

[2015 Highest 1615] The Defendant concluded a contract for the establishment of the accounts with the Chungcheongnamnam Business Association from February 28, 1992 and traded checks.

On October 17, 2014, the Defendant issued one check number F, face value “F”, “5,00,000,000 won”, and the date of issuance “F” under the Defendant’s name, and issued one check on February 26, 2015, which was the date of presentment for payment by the holder, and the public prosecutor at the transaction suspension was stated in the bill as “short deposit”. However, according to the records, it is obvious that this is a clerical error, and it does not affect the Defendant’s right of defense. Thus, the Defendant’s correction is made as above.

due to the failure to pay.

Summary of Evidence

[2015 Height859]

1. Defendant's legal statement;

1. Each written accusation [2015 Highest 1615]

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 Act concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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