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(영문) 인천지방법원 2013.10.01 2013고단3633
부정수표단속법위반
Text

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.

Reasons

Punishment of the crime

From August 24, 2012, the Defendant entered into a check contract with the NongHya branch of the Nonghyup Bank and the Defendant under the name of the Defendant, and has traded the check number per unit.

On January 8, 2013, the Defendant issued a check number D, check amount “13,00,000,000”, and the date of issuance “3.8, 2013.” A copy of the check number per bank under the name of the Defendant as the check number D, check amount “D,00,000,000”.

On March 8, 2013, the holder of the check presented the payment of the check to the bank on March 8, 2013.

However, the Defendant did not pay for the shortage of deposits or for the suspension of transactions as stated in [Attachment 2-4] Nos. 2-4 of the check amount, such as the Defendant’s failure to pay deposits, the Defendant did not pay for the shortage of deposits or suspension of transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of the Acts and subordinate statutes governing copies of checks;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables

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

1. The rejection of prosecution under Article 62(1) of the Criminal Act (a) (the confession of a criminal act, the mistake is divided, the check is recovered, there is no record of the same crime in addition to the fine imposed twice, the sentencing of a similar case is equitable, and the motive and circumstance leading to the crime of this case, etc.)

1. From August 24, 2012, the summary of the facts charged, the Defendant entered into a check contract with the Nonghyup Bank branch and the Defendant under the name of the said branch and the Defendant, and has traded the check of the number of units.

On December 8, 2012, the Defendant issued a check number “F”, “7,380,000 won”, and “3,80,000 won” in the name of the Defendant, which became the date of issuance, one copy of the check number per bank.”

On March 8, 2013, the holder of the check presented the payment of the check to the bank on March 8, 2013.

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

2...

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