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(영문) 서울동부지방법원 2013.10.24 2012고단2906
부정수표단속법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Reasons

Punishment of the crime

1. From August 10, 201, Defendant A entered into a check contract in the name of the grassland branch of the NAF and the Defendant’s representative company B and entered into a check contract in the name of the Defendant.

A. On July 18, 2012, the Defendant issued one check number “F”, check amount “35,00,000,000”, and issuance date “B” in the name of the said joint stock company as of August 2, 2012.

On August 2, 2012, the holder of the check presented a payment proposal.

However, the defendant did not receive the suspension of transaction.

B. The Defendant:

A check number “G”, check amount “20,000,000,000,” and the issuance date “B Co., Ltd.” under the name of the foregoing B Co., Ltd. was issued at the time and place indicated in the paragraph.

On August 10, 2012, the holder of the check presented a payment proposal.

However, the defendant did not receive the suspension of transaction.

2. As stated in the above paragraph (1), the Defendant Company B, as the representative director, did not issue and pay the party shares as stated in the above paragraph (1) in the name of the Defendant Company B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to each accusation and relevant data;

1. Article 3 (1), Article 2 (2) and (1) of the Control of Illegal Check Control Act, and Article 3 (1), Article 2 (2) and (1) of the Act, and Article 3 (2) and Article 2 (1) of the Control of Illegal Check Control Act;

2. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

3. Article 62 (1) of the Criminal Act (Defendant A);

4. The part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act

1. Of the facts charged against the Defendants, the violation of the Illegal Check Control Act regarding the check number D per unit.

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