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(영문) 의정부지방법원 2013.10.01 2013고단1386
부정수표단속법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On April 16, 2003, the mother B entered into a check contract with the Bank of Korea Dreamland Branch and traded household checks under the name of the Defendant B.

On September 14, 2012, the Defendant issued one check number “E”, “5,00,000,” and “B” under the name of “E”, “5,000,000,” and “the date of issuance on January 31, 2013,” with the permission of the above B, and issued one check to the above bank on January 31, 2013, when the holder of the check presented the check to the above bank on January 31, 2013, which is within the time limit for the presentation of payment, but did not receive the shortage of deposit. In addition, the Defendant issued two copies of the household check consisting of KRW 10,00,000 in the attached list of crimes, and issued two copies of each check within the time limit for payment by each holder, but did not receive the shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each accusation and check issuance book;

1. Application of Acts and subordinate statutes to investigation reports (verification of details of prosecution against suspects);

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. The summary of the facts charged as to the violation of the Illegal Check Control Act on each household check listed in the annexed crime list among the facts charged in this case as to the dismissal part of Article 62(1) of the Criminal Act (i.e., the fact that the defendant issued each of the above provisional coefficient tickets and presented each check within the time limit for presentment for payment, but the holder did not receive any deposit shortage.

This part of the facts charged is an offense falling under Article 2 (2) and (1) of the Illegal Check Control Act, and a check is issued in accordance with paragraph (4) of the same Article.

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