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(영문) 서울북부지방법원 2016.05.27 2016고정684
부정수표단속법위반
Text

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

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

Reasons

Punishment of the crime

On January 26, 1994, the Defendant entered into a contract of peace and household check with the National Agricultural Cooperative Federation and traded checks.

around February 27, 2011, the Defendant issued 9 copies of a household check amounting to KRW 45 million from March 31, 2010 to February 27, 201, stating "E with a check number, par value, and date of issuance "FE" in D operated by the Defendant, and presented it within the period of payment, but did not pay it as a suspension of transaction, etc. The Defendant issued 9 copies of a family check amounting to KRW 45 million from March 31, 2010 to February 27, 201, each of which was presented by each holder within the period of payment, but did not pay it as a suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation (Article 14, 22, 30, 34, 46, 50, 62, 66, 70 of the Investigation Records Act);

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

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 part dismissing a public prosecution under Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act

1. On January 26, 1994, the Defendant entered into a family check contract with the NAFF and traded checks.

On January 29, 2011, the Defendant issued a check number B, face value B, and the date of issuance “the date of April 29, 2011” in D operated by the Defendant, Jung-gu Seoul, Seoul, Seoul, stating that the check number B, face value, and the check number was presented on April 29, 2011 during the period for presentation of payment, but did not receive payment as a suspension of transaction.

2. The judgment is the case where a person, who issues or prepares a check pursuant to Article 2(4) of the Illegal Check Control Act, is a crime falling under Article 2(2) and Article 2(1) of the Illegal Check Control Act, or collects the check.

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