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(영문) 수원지방법원 2012.12.26 2012고단2908
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

On June 3, 2010, the Defendant entered into a party check contract with a new branch of a national bank and a defendant's name, and has traded the party check.

On August 22, 2011, the Defendant issued a check number “D”, face value “10,000,000,000” at the Defendant’s C office located in Yeongdeungpo-gu Office No. 101 of Yeongdeungpo-gu, Young-gu, Seoul, and a one copy of the check number issued under the Defendant’s name on February 29, 2012, which was the date of issuance, and presented a payment proposal on February 29, 201, for which the holder of the check presented payment proposal, but did not receive due to shortage of deposits.

The Defendant, including this, from around that time to February 2012, issued a total of 185,00,000 won per unit value per 18 times as indicated in the attached Table (1) at the above office throughout 18 times as indicated in the attached Table of Crimes (1), and offered a payment proposal within the period for which each holder made a payment, but did not receive each payment due to the shortage of deposits or the suspension of transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each accusation and copy of a check;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with Respect to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Selection of Penalties;

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

1. Part on the rejection of prosecution under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the suspended execution (see, e., Supreme Court Decision 2006Da148

1. On June 3, 2010, the summary of the facts charged, the Defendant entered into a party allotment agreement with the new branches of the National Bank and the Defendant’s name, and has traded the party allotment agreement.

The Defendant issued a check number “E”, “10,00,000,000” at the Defendant’s C office located under the Defendant’s C office located under Yeongdeungpo-gu building 101 around October 201, and the date of issuance on May 31, 2012, one copy of the check number per bank held in the above Defendant’s name and presented a payment proposal on April 3, 2012, for which the holder of the check was made, but due to suspension of transaction.

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