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(영문) 창원지방법원 2017.07.20 2017고정393
부정수표단속법위반
Text

Defendants shall be punished by a fine of 6 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. From November 5, 2003, Defendant A entered into a check contract in the name of the central branch office and the Defendant, whose representative director is the Bank Kim Jong-hae, and traded over the check.

On September 19, 2016, the Defendant issued one copy of the Industrial Bank of Korea check under the name of “C”, “50,000,000 won”, and “B (Representative A)”, the date of issuance of which falls under the name of “B (Representative A)” at a coffee shop near the 100 Masan-si, Asan-si, Asan-si.

On December 12, 2016, an employee of C&C, within the payment period, presented the above check to the above bank.

However, the defendant did not pay for the shortage of deposit.

2. The Defendant B, a representative director, at the time and place described in paragraph 1, did not pay the current account check issued as described in paragraph 1 in relation to the Defendant’s business as the date and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

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

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Articles 3(1), 2(2) and 2(1) of the Illegal Check Control Act (Appointment of fines by Defendant A);

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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