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(영문) 수원지방법원 안양지원 2016.06.30 2015고단1817
부정수표단속법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2015 Highest 1817] From August 4, 1995, the Defendant entered into a check contract with the Korean Financial Center and the Defendant in the name of the Bank, and traded household checks.

On August 18, 2015, the Defendant issued one copy of the family check in the Defendant’s name, which was named as “E”, “five thousands0,000 won at par value”, and “the date of issuance” as “the date of August 25, 2015,” and presented it within the period for presentation, but did not pay for the shortage of deposit.

[2016 High 69] From August 4, 1995, the Defendant entered into a check contract with the National Finance Center in the name of the Defendant, and traded household checks.

On August 22, 2015, the Defendant issued three copies of the family check amounting to KRW 15,00,000 in face value as indicated in the attached Table of Crimes, including the issuance of one copy of the family check by the Defendant named as “F”, “5,00,000 won at face value”, and the issue date “ October 20, 2015”, and issued three copies of the family check amounting to KRW 15,00,000 in face value as indicated in the attached Table of Crimes.

Although each of the above household checks was presented within the payment period, the defendant was not paid as a disposition of suspension of transaction.

Summary of Evidence

[2015 Highest 1817]

1. Statement by the defendant in court;

1. Written accusation (seven pages of evidence records);

1. A copy of a defaulted family check (ix pages of evidence);

1. Statement by the defendant in court;

1. Each accusation (3,7,11 pages of evidence);

1. Application of Acts and subordinate statutes to a copy of each defaulted family check (Evidence No. 5, 9, 13 pages);

1. Article 2 (2) 1 of the Act on the Control of Illegal Check, and Article 2 (2) of the Act on the Control of Illegal Check, as to facts constituting an offense of crime, and the selection of fines (see, e.g., the confession of each of the crimes of this case and the reflection of each of the crimes

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 former part of Article 6 of the Control of Illegal Check Control Act and Article 334 (1) of the Criminal Procedure Act;

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