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(영문) 서울북부지방법원 2014.11.28 2014고단2193
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From March 12, 1998, the Defendant entered into a check contract with the Dong branch of the National Bank and the Defendant, and traded household checks.

1. Around November 2013, the Defendant issued one copy of the said bank household check in the name of the Defendant, which was named as the “E”, the amount of the check, and the date of issuance, at the D office operated by the Defendant, at the Namyang-si Office, as of January 31, 2013.

On February 3, 2014, the holder of the check presented the above check to the above bank on February 3, 2014, which was within the time limit for presentment for payment, but the defendant did not pay the check in shortage.

2. On December 2013, the Defendant issued one copy of the above bank bank household check in the name of the Defendant, which was named as “F”, “C million won”, and “Date of issuance” at the same place as Paragraph (1).

On March 31, 2014, the period during which the check was presented to pay the check to the above bank, but the Defendant did not pay the check as a disposition of suspension of transaction.

3. On December 2013, the Defendant issued one copy of the bank household check in the name of the Defendant, “G”, “C million won”, and “date of issuance” at the same place as in paragraph (1).

On March 31, 2014, the holder of the check presented the check to the above bank on March 31, 2014, which was within the time limit for presentment of payment, but the defendant did not receive the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to a crime.

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

1. The portion of dismissing public prosecution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake, the amount of the check issued, the amount of a part of the check recovered from the original, the power of the crime, etc.);

1. The summary of the facts charged is D. D. run by the Defendant in South-si, Namyang-si, around November 2013.

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