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(영문) 수원지방법원 안산지원 2013.08.21 2013고정1112
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From July 6, 1993, the Defendant entered into a check contract with the Bank of Korea branch office and the Defendant, and traded household checks.

1. On November 2012, the Defendant issued a check number D, check amount “D”, “5,00,000,000”, and the date of issuance “the Bank of Korea’s household check” under the name of the Defendant at the Defendant’s C office operated by the Defendant in Silung-si, Inc., and one copy of the Bank’s household check issued.

On February 28, 2013, the holder of the above household check presented the above coefficient mark to the above Industrial Bank of Korea on February 28, 2013, but the defendant did not receive the shortage of deposit.

2. On January 18, 2013, the Defendant issued one copy of the Bank's household check under the name of the Defendant, which is the check number "E", the check amount "5,000,000" and the issue date " March 31, 2013."

On April 1, 2013, the holder of the above household check presented the above coefficient mark to the above Industrial Bank of Korea on April 1, 2013, but the defendant was not paid as a disposition of suspension of transaction.

3. The Defendant issued one copy of the Bank’s household check in the name of the Defendant, “F”, “5,00,000,000,” and the date of issuance, at the same time and place as in paragraph (2).

On April 1, 2013, the holder of the above household check presented the above coefficient mark to the above Industrial Bank of Korea on April 1, 2013, but the defendant was not paid as a disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of each accusation and a copy of check Acts and subordinate statutes;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning facts constituting an offense and Article 2 (2) and (1) of the same Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 6 of the Control of Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act;

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