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Reasons
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(영문) 서울북부지방법원 2014.11.07 2014고단2250
부정수표단속법위반
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A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The Defendant acquired the “E” corporation from D around December 10, 2013, and from the above date and time, from the above point of time, the said company traded the check of shares per unit on June 27, 2013 according to the check contract concluded with the Dong branch of the Gu of the Bank.

1. On January 15, 2014, the Defendant issued one check number “F”, “35,000,000,000,” and the issuance date of the check in the instant stock company’s name at the coffee shop located in Guro-gu Seoul Metropolitan Government Additional Digital Complex, as of January 15, 2014.

On April 17, 2014, the period during which the check was presented to pay the check to the above bank, but the Defendant did not pay the check as a disposition of suspension of transaction.

2. On February 5, 2014, the Defendant issued one check number “G”, “30,000,000 won”, and one check number per bank in the name of the said stock company, the date of issuance of which is “38, 2014.”

On March 18, 2014, the holder of the check presented the check to the above bank on March 18, 2014, which was within the time limit for presentment of payment, but the Defendant did not pay the check as 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 applicable to the crime.

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

1. The portion of dismissing public prosecution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da1240

1. Around January 15, 2014, the Defendant issued one check number “C”, check amount “50,000,000,” and issuance date “4.21 April 201, 2014,” in the name of the said stock company, at the I office located in Gangseo-gu Seoul Metropolitan Government H, one check number per bank.

On April 21, 2014, the holder of the check presented the payment order to the above bank on April 21, 2014.

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