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(영문) 대구지방법원 2014.10.16 2014고단2648
부정수표단속법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant of "2014 Highest 2714" is a person who actually operates B (Representative C) corporation.

On July 11, 2011, the Defendant entered into a check contract with the Daegu Branch on behalf of the Daegu Bank under the name of the Co., Ltd. B, and has traded the check of the number of shares.

On December 2, 2013, the Defendant issued one check number “E”, par value “3,90,000”, and date of issuance “B” in the name of the company B, which is located in the Junggu-gu, Daegu-gu, Daegu-gu, Daejeon-gu.

In addition, on December 2013, the Defendant issued three copies of the number of units per political party equivalent to KRW 25,90,000, as shown in [Attachment Table Nos. 1, 2, and 7] to Police Officers.

The holder of each of the above checks presented each receipt check to the above bank within the period of presentment for payment, but the defendant did not receive the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each accusation book and a copy of the number of shares per complaint;

1. Article 3 (1), Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Part concerning rejection of prosecution under Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act

1. The Defendant: (a) was an operator of B, a company located in Daegu Jung-gu, Daegu-gu, Seoul-gu, and entered into a current account agreement with the said company instead of Daegu-gu Bank and entered into a check transaction on July 11, 201.

On December 3, 2013, the Defendant issued at B office a check number “G”, “20 million won”, “the date of issuance”, “H”, “H”, “50 million won at par value”, and “the date of issuance”, “the total sum of KRW 70 million at face value”, and “the date of issuance”, and issued a check number of KRW 2,00,000 on April 3, 2014, which is within the period of presentment for payment, and issued a payment proposal to the said bank on April 3, 2014, but did not receive disposition of suspension of transaction.

The defendant of "2014 Highest 2714" is a corporation B representative director.

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