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Reasons
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(영문) 대전지방법원 2014.07.09 2014고단954
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 6, 1999, the Defendant entered into a check contract with the Daejeon District Court of Daejeon District of the Daejeon District on March 6, 1999 and entered into a family check contract under the name of the Defendant.

On September 24, 2013, the Defendant issued one copy of the check number “E”, par value “3,00,000,000”, and the date of issuance “FE” under the name of the Defendant at the construction site of the multi-family house located in Daejeon Dong-gu, Daejeon, Daejeon, and one copy of the bank bank check in the name of the Defendant.”

However, on December 16, 2013, the check was presented to the above bank on December 16, 2013, when the check was presented for payment, but the defendant did not pay it as the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of each statute on a written accusation;

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

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Part concerning rejection of prosecution under Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act

1. On March 6, 1999, the summary of the facts charged “2014 Highest954,” the Defendant entered into a contract with the Daejeon District Court of Daejeon High-gu, Daejeon High-gu on a family check and entered into a family check transaction.

On August 2013, the Defendant issued one copy of the check number “F”, “3,00,000,000”, and “date of issuance” under the name of the Defendant at the construction site of multi-family house located in Daejeon-gu, Daejeon-gu, Daejeon-gu, and one copy of the bank household check in the name of the Defendant.

However, on October 15, 2013, the holder of the check presented the check to the above bank on October 15, 2013, which was within the time limit for presentment for payment, but the defendant did not pay the check in shortage.

In addition, from that time to August 2013, the Defendant is in the same way as shown in [Attachment] Nos. 1 to 8 and 10 of the List of Offenses at the same place.

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