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(영문) 대구지방법원 서부지원 2018.08.21 2017고정671
부정수표단속법위반
Text

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

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

Reasons

Punishment of the crime

From September 1, 2015, the Defendant operated C in Daegu Seo-gu, and entered into a check contract with a branch office of the Sung-gu Enterprise Center of Han Bank and the Defendant and entered into a check transaction.

On January 5, 2017, the Defendant issued a one copy of the household check in the name of the Defendant, which is the date of issuance, “3,00,000 won”, “3,000,000 won”, and “D” number, and presented the check on April 5, 2017, which is within the period for presentation of payment, but did not pay for the shortage of deposit, and issued a total amount of KRW 21,00,000,000 in the household check, as shown in [Attachment] Nos. 1 through 7 of the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (specific matters concerning the suspect's identity);

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

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 part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is a person who operated C in Daegu-gu, and has entered into a check contract with the branch office of the Seongbuk Enterprise Center in the name of the Defendant from September 1, 2015 and traded the check.

On February 10, 2017, the Defendant issued a one copy of the household check in the name of the Defendant, which is the date of issuance, “as of May 10, 2017,” “3,000,000,” “E” and “E,” and presented the check on May 10, 2017, which is within the period for presentation of payment, but did not receive it as non-transaction. In addition, the Defendant issued and paid a total of 18,000,000 won of the household check, as of [Attachment 8-13] and [Attachment 13], respectively.

2. Determination.

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