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(영문) 의정부지방법원 2013.11.08 2013고단398
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2013 Highest 398] The Defendant opened a bank-dong branch and the current account in the name of the National Bank Co., Ltd. in October 2009 and traded checks.

On October 2012, the Defendant issued the check number “E” and one check number “14,730,000 won” at the face value “14,730,000” on the date of issuance as the price for the goods at the office of the KAB, which is operated by the Defendant at Hanam-si, and around the end of October 2012, and issued at the same place as above from the end of November 2012, the Defendant issued 5 per share amounting to 7,850,00 won per unit value as indicated in the attached Table 1 to 3,5, and 7.

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

[2013 Highest 880] The Defendant has opened a bank accounting and a bank account in the name of the KFC and A around October 2009.

On November 2012, 2012, the Defendant issued one check number F and one check number per unit of “15,00,000 won per unit value” at the office of the said dispute settlement council office located in Hanam-si, and the date of issuance as of January 30, 2013, as the price for goods, and presented a payment proposal to the said bank within the time limit for payment, but did not receive a disposition of suspension of 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 with Respect to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Selection of Penalties;

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 Act;

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. Summary of the facts charged

A. [Attachment 2013 Height398] The Defendant issued the amount equivalent to KRW 5,00,000 for a check (number G) as set out in [Attachment 1] No. 4 in the list of crimes in [Attachment 1], and issued each amount equivalent to KRW 71,50,000 for a check (number H) as set out in 6, and presented payment to the holder within the period for which payment was made, but each transaction is non-transaction.

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