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(영문) 서울중앙지방법원 2015.09.24 2015고단2873
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

From November 7, 1988, the Defendant entered into a check contract in the name of the superior branch of the foreign exchange bank and the Defendant, and traded household checks.

On September 2014, the Defendant issued at the F office operated by the Defendant in Dongjak-gu Seoul Metropolitan Government, a copy of the check number “G,” the check amount “3,00,000,000 won,” and a copy of the above bank household check issued in the name of the Defendant, “the date of the issuance, December 13, 2014,” as shown in the attached Table Nos. 1 through 9, 12, and 13, from that time until October 2014.

After that, the holder of each of the above checks presented each of the above checks to the above bank within the time limit for presentment for payment, but the defendant did not pay them as non-transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the Selection of Imprisonment with prison labor for the crime;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution provides 11 copies of household checks which have been dealt with in bankruptcy for the reason of sentencing (hereinafter the sentencing as follows) and the amount of default is 330 million won, and each household check is deemed to have suffered considerable damages due to the defendant's default on payment of goods to many trading partners. However, the defendant collected or endeavored to recover some of the coefficient marks up to this court as well as at the time of the investigation. The defendant has no other criminal history, other than the punishment of one fine due to the same kind of violation occurred at that time, the defendant reflects errors, and led to the business deterioration operated by the defendant, and other matters of this case should be supported by age, character and behavior of the defendant.

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