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(영문) 부산지방법원 2014.04.10 2013고단3358
부정수표단속법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 2, 2007, the defendant entered into a check contract with the Busan Bank's Dong branch and traded household checks under the name of the defendant.

On October 1, 2012, the Defendant issued a check number D, par value “3,00,000,000,” and a copy of a household check issued in the name of the Defendant, which is the date of issuance, in the Cmate in the operation of the Defendant located in Seo-gu Busan, Busan, Seo-gu. B.

On December 3, 2012, the check holder issued the provisional coefficient mark as stated in the attached Table Nos. 1, 5, and 6, including that the check holder did not receive as a disposition of transaction suspension, but did not receive it as a disposition of transaction politics.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of the Acts and subordinate statutes to each household check;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act that prescribes the applicable law to facts constituting an offense and Article 2 (2) and (1) of the same Act;

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

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. On April 2, 2007, the summary of the facts charged was that the Defendant entered into a check contract with the father/Dong branch of the Busan Bank and traded household checks under the name of the Defendant.

On October 2012, the Defendant issued a check number “E”, par value “3,00,000,000”, and date of issuance “1 November 22, 2012” under the name of the Defendant in the Cmate in the operation of the Defendant located in Seo-gu Busan, Seo-gu, Busan.

On December 5, 2012, the date when the check was issued, the check was presented to pay the check on December 5, 2012, which was within the period when the payment was presented, but the Defendant issued the coefficient check as shown in the attached Table Nos. 2 through 4, 7, 8, and No. 8, but did not receive it as a disposition of transaction politics.

2. According to the records, the defendant can recognize the fact of collecting each of the above provisional coefficient marks. Thus, Article 327 subparagraph 6 of the Criminal Procedure Act is applicable.

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