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(영문) 대구지방법원 2017.05.24 2017고정755
부정수표단속법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2, 2005, the Defendant entered into a contract for the establishment of a political party with a branch office in the Seodaemun-gu Bank and has traded checks.

On August 26, 2016, the Defendant issued one copy of the family check in the name of the Defendant, which became the check number “D”, face value “5 million won”, and date of issuance “ January 15, 2017,” in the “C” office in the Daegu-gu Office of the Defendant’s operation, Daegu-gu.

Since then, on January 16, 2017, E Co., Ltd.’s employees, the final holder of the said check, presented the check at the 117 Daegu Bank BPR support branch, but the Defendant had not paid the check amount due to the shortage of deposits from that time until February 15, 2017, the Defendant issued the check at the amount equivalent to KRW 15 million for three occasions, as indicated in the list of crimes in the attached Table, and failed to pay the deposit shortage, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation and a detailed statement of check information;

1. Article 2 (2) and Article 2 (1) of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Regulation of Illegal Check elective for Punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The former part of Article 6 of the Control of Illegal Check Control Act and Article 334 (1) of the Criminal Procedure Act;

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