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(영문) 서울서부지방법원 2018.11.22 2018고단1736
부정수표단속법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From August 18, 2017, the Defendant entered into a check contract in the name of the Howon-dong branch of the Nonghyup Bank and the Defendant, a representative director, and traded over the check.

On January 11, 2018, the Defendant issued a copy of the check per bank account in the name of the said stock company, which was named as “E”, “2,00,000,000”, and “the date of issuance”, at the office of C, the Defendant’s (E) operated by the Defendant at the time of the Government-Si, as the check number, “E”, “2,00,000,000”, respectively.

On March 13, 2018, the Defendant, within the period for presentation, failed to receive the payment as a disposition of suspension of transaction even though the Defendant presented the above check to the above bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation and copies of checks;

1. Relevant legal provisions concerning facts constituting an offense, Articles 2(2) and 2(1) of the Control of Illegal Check Act, and selection of a fine (the confession of a crime and the misunderstanding of a mistake, the fact that an endeavor has been made to recover checks after prosecution, and the fact that the defendant has no record of the same offense, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. From August 18, 2017, the Defendant entered into a check contract in the name of the Nonghyup Branch and the Defendant, a representative director, and traded the check.

On November 28, 2017, the Defendant issued a copy of the check per bank account in the name of the said stock company, which was named as “F”, “F”, “30,000,000,000”, and “the date of issuance”, at the office of the Defendant’s C, which was operated by the Defendant at the time of the Council, as of November 28, 2017.

On February 28, 2018, the Defendant issued three copies of a check equivalent to the total face value of 83,000,000 won at the same place around that time, including the fact that the check was not paid as a disposition of suspension of transaction even though the Defendant presented the check to the above bank around February 28, 2018, which was within the period for presentation, and the said check is a disposition of suspension of transaction.

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