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(영문) 서울북부지방법원 2016.08.18 2015고단1274
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From May 19, 195, the Defendant entered into a check contract with the new branch office of the Seoul Bank in the name of the Defendant, and has traded over the check.

On December 12, 1998, the Defendant issued a copy of the check number C, the check amount “C”, “5,00,000 won”, and the date of issuance “the Bank’s household check” under the name of the Defendant, which was named as “C”, “5,00,000 won” and “the date of publication on December 5, 1998.”

On December 5, 1998, the holder of the check presented a payment check to the bank.

However, from January 199 to January 5, 199, the Defendant did not pay the total amount of KRW 6, total of KRW 21,800,00 as a result of the shortage of deposits or the suspension of transactions, as shown in the [Attachment] Nos. 1 to 5, and 7.

Summary of Evidence

1. The written statement of the defendant;

1. Each accusation;

1. The application of Acts and subordinate statutes on telephone statements and confirmation of unclaimed checks;

1. Article 2(2) and (1) of the Act on the Control of Illegal Check Act (amended by Act No. 10185, Mar. 24, 2010; hereinafter the same shall apply) regarding criminal facts and the selection of fines, respectively.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 6 of the former Regulation on Illegal Check Act (amended by Act No. 10185, Mar. 24, 2010); Article 334(1) of the Criminal Procedure Act’s dismissal of public prosecution

1. The summary of the facts charged has been concluded between the Defendant and the new branch office of the Seoul Bank and the Defendant from May 19, 1995, and have traded over-the-counter checks.

On January 1, 1999, the Defendant issued one copy of the check number B, check amount “5,00,000”, and the date of issuance “16 January 16, 1999” under the name of the Defendant.

On January 23, 1999, the holder of the check presented a payment check to the bank.

However, the defendant did not receive the suspension of transaction.

2...

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