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(영문) 대구지방법원 서부지원 2014.05.23 2014고단107
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 17, 2006, the Defendant entered into a check contract with the Daegu Bank plaza branch and the Defendant from April 17, 2006, and traded household checks.

Around May 2013, the Defendant issued one copy of the check number D, check amount “3,00,000,000,” and the date of issuance “ September 30, 2013,” under the name of the Defendant, at the C Office operated by the Defendant in Daegu-gun-gun, the Defendant issued one copy of the bank household check in the name of the Defendant.

On September 30, 2013, the Defendant had not paid the shortage of deposit even though the check was presented for payment within the period for presentment of payment.

In addition, the Defendant issued a total of seven copies of check amount of KRW 21,00,000, as indicated in attached Table 1, 2, 3, 5, 7, 8, and 10 Nos. 1, 2, 3, 5, 7, 8, and 10, and presented the check within the period for presentment of payment, but the check holder did not receive each payment due to the shortage of deposit or the suspension of transaction.

On April 17, 2006, the Defendant opened the Daegu Bank plaza and the current account and traded checks in the name of the Defendant on April 17, 2006.

On July 1, 2013, the Defendant issued three copies of family checks, such as the attached Table 2, at the above location until July 28, 2013, at C office operated by the Defendant, “C number E” and “the issuance date on January 30, 2014, a par value of three million won” and “the issuance date on January 30, 2014,” as the price for goods.

However, each holder of the check presented each payment to the above bank within the time limit for presentment for payment, but did not pay for the shortage of deposit.

Summary of Evidence

"2014 Highest 107"

1. Defendant's legal statement;

1. Each accusation letter "2014 Highest 351";

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the 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 and Article 38(1)2 of the Criminal Act are applicable;

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