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(영문) 청주지방법원 충주지원 2020.06.05 2019고단314
부정수표단속법위반
Text

Defendant

A A shall be punished by a fine of KRW 20 million, and Defendant B shall be punished by a fine of KRW 10 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B, from August 8, 2017, E Bank FF Finance Center and the above legal entity entered into a check contract and traded the check number table. Defendant A was a person who actually operated B from August 2018.

1. Defendant A

A. On October 15, 2018, the Defendant issued one copy of the check number “I”, check amount, and issuance date in the H office operated by the Defendant in Gyeonggi-si Kimpo-si, and one copy of the check number per E Bank under the name of H office in which the date of issuance is blank B.

The check holder J exercised the above right to supplement the check amount “20,000,000 won,” the date of issuance “20,000,000,” and on December 14, 2018, K, the final holder of the said check, presented payment to the Bank on December 19, 2018, when payment was presented.

However, the defendant did not receive the suspension of transaction.

B. In September 2018, the Defendant issued one check number “L”, check amount, and one check number per E Bank under the name of E Bank B, a stock company with a blank of issue date, at the office stated in the above paragraph (a).

The check holder M used the right to supplement the blank to supplement the check amount “25,00,000,000,000,” and the date of issuance “25,209.” On February 25, 2019, N, the last holder of the check, presented payment to the Bank on February 25, 2019, which was within the time limit for presentment of payment.

However, the defendant did not receive the suspension of transaction.

2. Defendant B, a real representative, did not pay the Defendant’s business on the date of presentment after issuing a check, as described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each accusation;

1. Business registration certificate and certificate of performance;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1) of the Control of Illegal Check Control Act (Selection of Fine)

B. Defendant B: each of them.

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