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(영문) 서울서부지방법원 2015.02.05 2013고단3329
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2013J 3329] The Defendant entered into a check contract with the National Bank in the name of D from April 11, 2008 and entered into a check contract with the National Bank in the name of D.

On May 13, 2013, the Defendant issued one check number “G”, par value “20,000,000,” and one copy of the unit number per the said bank as “ August 14, 2013,” at the F office of the Defendant’s operation in Eunpyeong-gu Seoul, Seoul.”

On August 19, 2013, the Defendant presented the check to the above bank on August 19, 2013, when the check was presented for payment, but did not pay the check due to the shortage of deposit.

In addition, the Defendant issued KRW 85,20,00,00 per share of the above bank as stated in Nos. 2, 3, 6, 7, and 9 of the following crime sight table (1). Each holder of a check presented a separate check to the above bank within the period of presentment for payment, but the check did not receive a deposit shortage or a suspension of transaction.

[2013No. 3388] The Defendant entered into a check contract with a family bank in the name of H, the Defendant’s wife, and entered into a family check in the name of H on December 4, 2008.

On May 15, 2013, the Defendant issued KRW 10,000,00 in the “J” office operated by the Defendant in Eunpyeong-gu Seoul, with the face value “K”, “K”, “five thousand,00,000 won”, and the date of issuance “one of the above bank household checks” under the name of H, as indicated in each of the above bank household checks Nos. 2 and 7 of the above bank household checks No. 2 and each of the above bank household checks No. 15,00 won, as indicated in each of the above bank household checks No. 2 and No. 7, and each of the holders of the checks presented their respective checks to the above bank within the period for presentment of payment, but did not receive as suspension of deposit or transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with regard to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Prevention of Illegal Check

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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