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(영문) 서울북부지방법원 2013.03.28 2013고단212
부정수표단속법위반
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

From September 17, 1993, the defendant entered into a check contract with the point of maintaining the receipts and payments of banks and has traded household checks.

1. On June 18, 2012, the Defendant issued a check number D, face value of three million won, and a copy of the bank check in the name of the Defendant, which was issued on October 20, 2012, at the office office in Gangseo-gu Seoul, Seoul, Gangnam-gu, Seoul, issued on June 18, 2012.

On October 22, 2012, the holder of the check presented the check to the above bank on October 22, 2012, which was within the time limit for the presentation of payment, but the Defendant did not pay the check in shortage.

From that time until December 30, 2012, the Defendant issued a total of KRW 12 million on the family check 4 par value as shown in the attached Form and presented a payment proposal within the period of time, but each holder of a check did not receive each deposit shortage or transaction suspension.

2. On September 12, 2012, the Defendant issued one check number F, face value 3 million won, and issue date under the name of the Defendant as of January 21, 2013 at the office of Gangnam-gu Seoul, Seoul, and presented a check on January 21, 2013, which was within the period for which the said check was presented to pay, but did not receive as a suspension of transaction, as shown in the attached crime list from around that time to September 17, 2012, the Defendant issued three copies of the household check including the sum of face value 9 million won per each check and presented for payment within the period for which the check was presented, but did not receive as a suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Act applicable to a crime;

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

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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