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(영문) 서울중앙지방법원 2014.08.14 2014고단1156
부정수표단속법위반
Text

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

Reasons

Punishment of the crime

On May 23, 2012, the Defendant entered into a check contract with one bank personnel Dong branch in the name of a stock company with the representative director, and has traded the check of the number of shares.

around August 5, 2013, the Defendant issued a check number “E”, “81,64,380 won”, “1,380 won”, and the date of issuance “31 October 31, 2013” in C offices of the Defendant’s management company located in Jongno-gu Seoul, Jongno-gu, 102 and 1202, and presented a check number to the above bank around October 31, 201 of the same year, which is within the period for the presentation of payment. However, the Defendant issued a check number four times in total, as indicated in the attached list of crimes, but failed to pay for the shortage of deposits and the suspension of transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes to a copy of each number of shares;

1. Article 3 (1) (former part) and Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning facts constituting an offense, and Article 3 (1) (Appointment of Imprisonment);

1. Of concurrent offenders, the Defendant, while running an advertising agency business, issued a share sheet of 288,50,502,380 won per share in total face value while running an advertising agency business, but failed to pay for lack of deposits and suspension of transactions. Unless there are circumstances where the check is recovered or the check is expressed as the holder of the check, the Defendant shall be sentenced to imprisonment with prison labor.

Although the defense counsel asserts that the check of this case is less likely to be punished in light of the date of pre-date check, the defense counsel held that the number of units of this case is less likely to be punished. However, since the check listed in No. 1 of the annexed Table of Crimes is issued on October 31, 2013, the issue date of which is the date of issuance, and the remaining number of units of this case is refused to be paid in sequential order

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