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(영문) 광주지방법원 순천지원 2013.10.16 2012고단141
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 14, 2003, the Defendant opened a new bank net finance center and a current account under the name of the Defendant, and traded checks.

On February 2, 2011, the Defendant issued one check number H, and 'H' on May 31, 201, 'the date of issuance' as the price for goods at the ‘G' office located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul.

However, the holder of the check presented 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 the Acts and subordinate statutes to the accusation-2, and a copy of the check issuance book (2);

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

1. Articles 70 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. On February 14, 2003, the summary of this part of the facts charged is that the Defendant opened a new bank net finance center branch and a current account under the name of the Defendant and traded checks:

A. At the end of February 2011, one check number C, and one "5,00,000 won" at the office of "G" located in the Jung-gu Seoul Metropolitan Government F, Jung-gu, Seoul, as the price for the goods; and

B. A check number D, May 31, 201, at the office of ‘G' located in the Jung-gu Seoul Metropolitan Government F on February 2, 201, is issued as the price for goods, one check number D, and one "5,000,000 won" on May 31, 201;

C. At the end of February 2011, the check number was issued in the "G" office located in the Jung-gu Seoul Metropolitan Government F, 'E', 'E' on May 31, 201, '5,000,000 won' as the price for goods.

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

2. Part of the facts charged on this occasion is an offense falling under Article 2 (2) and (1) of the Illegal Check Control Act, and where the person who has issued a check in accordance with paragraph (4) of the same Article collects the check, a public prosecution may not be instituted;

However, the record reveals the summary order of this case.

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