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(영문) 의정부지방법원 2020.07.24 2019노1926
부정수표단속법위반
Text

The judgment below

The guilty part shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. The lower court found the Defendant guilty on the violation of the Illegal Check Control Act, among the facts charged in the instant case, as to the violation of the Check Control Act and the Illegal Check Control Act, No. 2019 class 215 class 2015 class 2019 group 2019 group 2015 group 2019 group 200 group 2015 group 2015 group 201 group 201 group 201 group 2019 group 2067 group 15 group 1567 group 2019 group 201 group 201 group 20

Since only the guilty part of the judgment below is appealed from the defendant and the prosecutor, the dismissal of the above dismissal part is separated and finalized, the above dismissal part shall be excluded from the scope of the judgment in this court.

2. Summary of grounds for appeal;

A. The lower court’s punishment (basic KRW 9 million) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

3. Ex officio determination

A. From June 5, 2003, the summary of the charge of violation of the Illegal Check Control Act was concluded by the Defendant on a check contract in the name of C Bank 100 points and E operated by the Defendant from June 5, 2003.

around September 2018, the Defendant issued one check number “H”, “7,100,000 won”, and one check number per unit of C Bank under the name of “E”, which is the date of issuance of the check number “H”, “I”, “I”, and “I” in the name of “I” operated by the Defendant in Namyang-si, Nam-si.

The holder of the check at issue, on January 31, 2019, presented the check to the above bank on January 31, 2019, within the period for presentment of payment, but did not pay the check due to the shortage of deposit

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence as indicated in its judgment.

C. In a case where the court took a preservative measure prohibiting repayment, etc. to the debtor pursuant to Article 43(1) of the Debtor Rehabilitation and Bankruptcy Act, the payment bank of a check is automatically refused on the ground of the above preservative measure, regardless of whether the check has a deposit.

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