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(영문) 의정부지방법원 2016.08.18 2016고단1765
부정수표단속법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 5, 2005, the Defendant entered into a check contract with a branch office of five (5) in the name of Korea bank and issued a family check.

around January 2, 2014 to December 2, 2014, the Defendant issued a one copy of the household check with D market 1 floor b-40 located in Jung-gu Seoul, Seoul, as “E”, “E”, “5,00,000 won at face value”, and “5,00,000 won at face value”. The check holder presented to the said bank on July 31, 2014, which is within the period for presentation of payment, but was not paid as suspension of transaction, and presented it within the period for presentation of payment. However, the Defendant issued 16 copies of the household check with face value of KRW 80,00,000 at face value, such as written in the list of crimes in the attached Form, and presented it to the holder during the period for presentation of payment, but did not receive as suspension of transaction.

On July 5, 2005, the Defendant entered into a contract for the issuance of family checks with five branches in the name of the Defendant on July 5, 2005, and traded household checks.

At the end of January 2014, the Defendant issued one copy of the check number D market in Jung-gu Seoul, Jung-gu, the Defendant’s bank F, the face value of KRW 5,000,000, and the date of issuance of the check.” The Defendant issued one copy of the bank check under the name of the Defendant, “F”, the face value of KRW 5,00,000,000”.

On October 31, 2014, the Defendant presented the above bank a family deposit account within the period for presentation of payment, but did not receive the payment as suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation and copy of a check;

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

1. Selection of each sentence of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The total amount of the checks on default reaches KRW 85 million, and the circumstances favorable to the failure to repay damage: the defendant operates the store for a long time;

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