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Reasons
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(영문) 대구지방법원 김천지원 2014.02.26 2013고정655
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From November 9, 2009, the Defendant had opened a branch office and current account with the Doldong-gun branch office and issued checks.

1. On February 30, 2013, the Defendant issued two copies of the household check in the name of the Defendant, and on May 30, 2013, when the holder of the household check issued the said coefficient check on May 30, 2013, the date when the payment was made, the Defendant presented the presentation of the said coefficient check, but did not receive the cancellation of the check contract.

2. On February 2013, the Defendant issued five copies of the family check in the name of the Defendant, “F”, “G”, “H”, “J”, “J”, “3,00,00 won”, and “3,00,000 won” as of the date of each issuance, and the Defendant issued five copies of the family check in the name of the Defendant on May 31, 2013, when the holder of the said family check presented a proposal to pay the above coefficient on May 31, 2013, which is within the time limit for the presentation of payment, but did not receive as the cancellation of the check contract.

3. On March 1, 2013, the Defendant issued four copies of the household check in the Defendant’s name, which is the check number K, L, M, N, and each check amount, “3,00,000 won” and “3,00,000 won” as of the date of each issuance, and the said household check was presented to the said household check holder on July 1, 2013, which is within the period of presentment for payment, but did not receive as the cancellation of the check contract.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation (11 cases);

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and Article 2 (2) and (1) of the same Act and the selection of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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