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Reasons
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(영문) 울산지방법원 2016.11.10 2016고정1054
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From around 194, the Defendant opened a current account and traded checks in the name of the Defendant at the U.S. Ulsan Business Office.

At the end of April 2016, the Defendant issued 3 copies of household checks, including 'D', 'D' on June 29, 2016, 'C' on which the date of issuance, 'C' on June 29, 2016, 'C' as the price for goods, and 'C' on which the Defendant issued 'C' as the price for goods.

However, each holder of the check presented each payment to the above bank within the time limit for presentment of payment, but did not pay for the shortage of deposit.

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 (Selection of Fines) concerning the facts constituting an offense and Article 2 (2) and (1) of the same Act;

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

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. Around April 2016, the summary of this part of the facts charged was issued by the Defendant: (a) around the end of U.S., the Defendant issued one check number in U.S. C, U.S., U.S., U.S., U.S., U.S., U.S., U.S., as the price for the goods; and (b) KRW 3 million at a par value; and (c) the Defendant issued three copies of the household check as listed in the [Attachment] Nos. 1 and 3 of the list of crimes; (d) each holder of the said check presented payment to the said bank within the period for which the payment was made, but the check did not receive deposit shortage.

2. The facts charged on this part are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, where the person who issued the check in accordance with Article 2(4) of the same Act collects the check, or fails to collect it, a public prosecution cannot be instituted against the explicit intent of the holder of the check even though it did not collect it. According to the records, the defendant is attached after the prosecution of this case.

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