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(영문) 부산지방법원 2017.10.26 2017고정1718
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

From October 25, 1986, the Defendant entered into a check contract in the name of the former branch of the Korean Bank and the Defendant, and traded household checks.

On August 28, 2016, the Defendant issued one copy of the check number D, check amount “D”, “5,00,000,000”, and “the date of issuance” under the name of the Defendant, “C” in the name of “C” in Busan Jung-gu, Busan, around August 28, 2016, and issued one copy of the household check under the name of the Defendant. In addition, the Defendant offered the check to the above bank around February 28, 2017, which is within the period for presentation of payment, but did not receive the shortage of deposit. The Defendant failed to pay the check on the date of deposit after issuing four copies of the household check in the attached Table No. 1, 2, 4, and 5 from that time until January 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation (excluding 15 pages of investigation records);

1. Application of Acts and subordinate statutes to each copy of a check (excluding 16 pages of investigation records);

1. Article 2 (2) and Article 2 (1) of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Regulation of Illegal Check elective for Punishment;

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. Around November 28, 2016, the Defendant issued one copy of the household check in the name of the Defendant, such as [Attachment 3] No. 3], but did not receive the payment on the date of presentation due to the shortage of deposits.

2. This part of the facts charged is an offense falling under Article 2(2) and Article 2(1) of the Illegal Check Control Act (the refusal of payment after the issuance of a check). A case in which a person who issued a check pursuant to Article 2(4) collects the check, a public prosecution cannot be instituted. According to the records, this part of the indictment is instituted after April 7, 2017.

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