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(영문) 서울중앙지방법원 2015.02.12 2014고단7870
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 198, the Defendant continued to trade the “one-time check transaction”, which the father of the Defendant had continued to enter into a check contract with the Han Han-gu branch of the National Bank in his name, following around 2013.

1. On February 2014, the Defendant issued a check number “E”, check amount “10,35,36 won”, and issuance date “4, 30 April 30, 2014” at the D office operated by the Defendant in Dongdaemun-gu Seoul, a copy of the number of shares of the said bank in the name of the Defendant.

In addition, on April 30, 2014, the check holder presented the check payment to the above bank on April 30, 2014, which was within the time limit for presentment for payment, but the defendant did not pay the check in shortage.

2. Around February 2014, the Defendant issued a check number “F”, the check amount “16,282,241 won”, and the date of issuance “5, 24,” one copy of the check number per bank in the name of the Defendant.”

In addition, on May 26, 2014, the check holder presented the check payment to the above bank on May 26, 2014, which was within the time limit for presentment of payment, but the defendant did not pay it as suspension of transaction.

3. On February 2014, the Defendant issued a check number “G”, the check amount “74,869,124 won”, and the date of issuance “5, 2014.” at the same place as above, one copy of the check number per bank in the name of the Defendant.

In addition, on May 2, 2014, the check holder presented the check payment to the above bank on May 2, 2014, which was within the time limit for presentment of payment, but the Defendant did not pay the check as suspension of transaction.

4. On March 2014, the Defendant issued one check number “H,” the check amount “3,072,432 won,” and the date of issuance on May 31, 2014 at the same place as above, and issued one check number per bank in the name of the Defendant.

In addition, on June 2, 2014, the holder of the check presented the check to the above bank on June 2, 2014, which was within the time limit for presentment of payment, but the defendant did not pay it as suspension of transaction.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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