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(영문) 창원지방법원 2015.05.22 2015고정231
부정수표단속법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 3, 2006, the Defendant entered into a check contract with the Switzerland Bank Busan Busan Eastdong Branch, and traded household checks under the name of the Defendant.

On May 30, 2014, the Defendant issued a check number T, par value 3,00,000, and issuance date on August 29, 2014 at the J Office operated by the Defendant in Kimhae-si.

After that, on August 29, 2014, the holder of the check presented the check for payment within the period for presentment of payment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written charge of an accusation (record No. 21);

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On November 3, 2006, the summary of the facts charged was that the Defendant entered into a check contract under the name of the Republic of Korea Standards Bank, Busan Metropolitan City dong Branch, and the Defendant, and traded household checks.

On May 20, 2014, the Defendant issued one copy of the family check in the name of the Defendant on September 1, 2014, which was the date of issuance, at the VM office in the Defendant’s management of Kimhae-si.

After that, on August 11, 2014, the check was presented by the holder to pay the check to the bank.

However, from that time to May 2, 2014, the Defendant issued KRW 15,00,000 in total five times as shown in [Attachment Table Nos. 1, 3 through 6] at the above office from that time, including that the Defendant did not receive as a non-transaction, but the Defendant offered payment within the payment proposal period, but did not receive as a non-transaction, respectively.

2. However, the facts charged are those falling under Article 2(2) of the Illegal Check Control Act, and are in accordance with paragraph (4) of the same Article.

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