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(영문) 인천지방법원 2014.02.14 2013고정2132
부정수표단속법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The facts charged [2013 Man-Ma2132] The Defendant was a person operating a stock company C in the Nam-gu Incheon Metropolitan City B, and the Defendant opened and issued a deposit account with the South Eastdong branch of the Bank and the household's comprehensive deposit account from August 27, 1997.

On January 21, 2013, the Defendant issued a check number D, face value D, 3,000,000, and the date of issuance on March 21, 2013, one copy of the household check under the name of the Defendant, the said bank.

On the same day, the Defendant respectively issued the total of KRW 21,00,000 per share, as shown in the attached table, within the office of the said C Co., Ltd. on the same day.

However, when the withdrawal of the corporate passbook by C Co., Ltd. has been suspended due to the failure to repay the loans of joint and several sureties by the Korea Credit Guarantee Fund, each holder could not pay the said issued checks which he proposed to pay within the payment deadline.

[2013 fixed 4257]

1. On December 11, 2012, the Defendant issued a check number E, face value E, 3,000,000, and date of issuance on April 22, 2013 within the office of a stock company that he/she operated, one copy of the household check under the name of the Defendant, a bank of Korea, at the place of payment, but the Defendant could not be paid as a disposition of suspension of transaction even if the holder offered payment within the period of payment proposal.

2. On March 4, 2013, the Defendant issued two copies of a check number F, G, each face value of KRW 3,000,000, and each date of each issuance on May 15, 2013 within the office of a stock company run by himself/herself, and each payment was issued under the Defendant’s name, a bank, but even if the holder presented a payment proposal within the period of payment proposal, the Defendant could not be paid as a disposition of suspension of transaction.

Accordingly, the defendant issued three copies of household checks, the sum of face value 9,000,000 won, but could not be paid.

2. Each of the facts charged in the instant case are the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and the check is recovered in accordance with Article 2(4) of the same Act.

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