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Reasons
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(영문) 부산지방법원 동부지원 2013.11.26 2013고단2482
부정수표단속법위반
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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 January 21, 2011, the Defendant entered into a check contract with Busan Bank and has been engaged in the check of shares.

On December 30, 2012, the Defendant issued one check number D, check amount “5,00,000,000,” and the date of issuance “ February 15, 2013,” in the office of “Cata” operated by the Defendant of Gangseo-gu Busan apartment first floor, Gangseo-gu, Busan, the Defendant issued one check under the Defendant’s name, and the bearer of the check presented the check payment scheme on February 15, 2013, which is the date of presentment for payment.

However, the Defendant did not pay the check money due to the shortage of deposit.

In addition, the Defendant issued nine copies of the household check of KRW 44 million in total face value as stated in No. 5 or No. 13 of the attached list of crimes, and the Defendant failed to pay the check on the date of presentation due to the shortage of deposit, suspension of transaction, cancellation or termination of check contract.

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 Control Act concerning facts constituting an offense and Article 2 (2) and (1) of the same Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the fact that the Defendant, as stated in Article 6 of the Control of Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act, the dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act, issued the check number as stated in the annexed list No. 1 through No. 4, and the check amount was not paid on the date for presentation due to the shortage of deposits, this is a crime falling under Article 2 (2) and (1) of the Control of Illegal Check Control Act, and where the person who issued or prepared the check under Article 2 (4) of the same Act collects the check number, the prosecution cannot be instituted. According to the records, it is recognized that the Defendant, who is the issuer of the check, recovered the check number. Thus,

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