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(영문) 의정부지방법원 고양지원 2016.02.16 2016고단39
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

From June 8, 2007, the Defendant entered into a check contract with a new bank located in the name of the Defendant and traded household checks.

On February 9, 2015, the Defendant issued three copies of the household check, face value of KRW 15,000,000, as shown in the attached Table of Crimes, by around April 30, 2015, including the issuance of one check number D, date of issuance on July 9, 2015, and face value of KRW 5,00,00, at the Defendant’s office operated by the Defendant in Seoul Jung-gu, Seoul.

However, each holder of the check presented each payment to the above bank within the period of presentation for payment, but did not pay for the shortage of deposit.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each accusation (No. 1, 2, and 5) statute;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, and Article 2 (2) and (1) of the Act on the Control of Illegal Check, and Selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. From June 8, 2007, the summary of this part of the facts charged, the Defendant concluded a check contract with a new bank located in the name of the Defendant and traded household checks.

On March 3, 2015, the Defendant issued one check number E, the date of issuance, and five million won at the face value at the C office operated by the Defendant in Jung-gu Seoul, Jung-gu, Seoul, as the settlement price for goods.

However, the holder of the check presented payment to the above bank within the period of presentation, but did not pay for the shortage of deposit.

2. The facts charged pertaining to this part of the judgment are the crimes falling under Article 2(2) and Article 2(1) of the Illegal Check Control Act, where a person who issues or prepares a check in accordance with Article 2(4) of the Illegal Check Control Act collects or fails to collect the check, and the check goes against the explicit intent of the holder of the check.

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