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(영문) 수원지방법원 2016.04.21 2016고정320
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From June 11, 1994, the Defendant entered into a check contract with the branch and the Defendant in the name of the main unit of the Republic of Korea, and traded household checks.

On February 2, 2015, the Defendant managed by the Defendant who is in Suwon-si B.

C In the office of C, the check number “D”, “3,00,000 won”, and one copy of a family check issued under the name of the Defendant as of August 22, 2015 as of the date of issuance “the date of issuance,” and the holder presented the check within the payment period, but did not receive the check due to the shortage of deposit. At that time, the bearer issued eight copies of the household check equivalent to the total amount of 24,00,000,000 won as shown in the attached crime list, and presented them respectively during the payment period, but the said check was not paid due to the shortage of deposit or the suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in filing a complaint with a branch office located in a parallel of two sources, each of which is set up on Korean standards;

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

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. The Defendant, on the grounds of sentencing under the former part of Article 6 of the Control of Illegal Check Act and Article 334(1) of the Criminal Procedure Act, issued several family checks at an investigative agency around each of the crimes of this case.

In the instant application for the formal trial, the Defendant made a request for the combination of cases in the same name of the same crime against the Defendant. However, the Defendant received a summary order of KRW 2 million in the instant case of violation of the Illegal Check Control Act (No. 3,000,000 in face value) and received a request for formal trial even if the Defendant received a summary order of KRW 2,00,000 in total.

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