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Reasons
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(영문) 제주지방법원 2014.01.15 2013고단303
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

[2013 Highest 303] The Defendant entered into a contract for the establishment of a new account with the Jeju Bank around November 23, 2001, and has made transactions on the number of shares.

On November 12, 2012, the Defendant issued a check number “F”, “F”, “20,000,000 won”, and issuance date “1/12, 2013” in the name of the Defendant under the name of the Defendant, and presented a check on January 14, 2013, which is within the time limit for the presentation of payment, and issued a check on January 14, 2013, and presented each corresponding check within the time limit for the presentation of payment to the Defendant, but the bearer did not receive each corresponding check within the said time limit for the presentation of payment.

[201. On November 23, 2001, the Defendant entered into a contract for the establishment of a new bank with the Jeju Bank, and made a transaction of the check of the number of shares. On December 2012, 201, the Defendant issued a check number G, face value seven million won, issuance date, one sheet of the number of shares of the Jeju Bank under the name of the Defendant on March 15, 201, which was within the period for the presentation of payment, and issued by the holder of the check on March 15, 201, and presented a payment proposal on March 15, 201, but did not receive it as a non-transaction.

Summary of Evidence

[2013 Highest 303]

1. Defendant's legal statement;

1. Each written accusation (2013 highest 444);

1. Defendant's legal statement;

1. A letter of accusation (a pages No. 11 of investigation records);

1. Application of the H’s written statement (No. 13 of the Investigation Records);

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 same Act concerning the selection of punishment;

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 to attract a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The facts charged [2013 Highest 303] The Defendant entered into a contract for the establishment of a new account with the Jeju Bank on November 23, 2001 and entered into a contract for the establishment of a new account with the Jeju Bank on November 23, 2001.

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