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(영문) 서울남부지방법원 2013.12.03 2012고단4628
부정수표단속법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[2012 Highest 4628]

1. The Defendant is the representative director of the Korea Development Bank Co., Ltd., which is a women's chip manufacturing and sales chain, and issued a check by opening the Korea Development Bank Center and the Korea Development Bank Bank Bank Account from 1991.

On April 2012, the Defendant issued a check number “F”, “10,000,000,” “F”, “100,000,000”, and the date of issuance “F” in the office of a dispute resolution in Gangseo-gu Seoul, Gangseo-gu, Seoul, the Defendant issued a copy of the check number per share in the name of “F”, “F”, “FF branch in the name of the bank resolution committee.”

On July 31, 2012, the holder of the check at issue presented the check payment within the time limit for presentment of payment, but the Defendant did not pay the check at issue due to the shortage of deposit.

[2012 Highest 4804]

2. The Defendant, as the representative director of the women’s chip manufacturing and sales chain (ju) D, has been issuing a check by opening a new bank, a branch and a current account from 191.

On June 25, 2012, the Defendant issued one check number “G”, par value “150,000,000”, and one check number per share in the name of “D on September 18, 2012,” which is located in Gangseo-gu Seoul Metropolitan Government office.

On September 18, 2012, the holder of the check presented the check to pay on September 18, 2012, which was within the time limit for presentment of payment, but the Defendant did not pay the check due to the 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 and the selection of imprisonment with prison labor for the crime;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the check system’s credit is significantly damaged by issuing and paying a check of an amount equal to KRW 250 million by the Defendant. The Defendant has no record of being punished for the same crime, and the Defendant is led to the confession of the instant crime, and the circumstances, means, methods, results, etc. of the instant crime are considered as a whole.

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