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(영문) 청주지방법원 2013.10.31 2013고정771
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 198, the defendant is a person who operates C in B at the time of residence, and D has opened a political party in the Chungcheong Bank (SP) in the middle of 1998, and issued the coefficient check.

In the course of running the above C, when the Defendant was aware of D as the opposite contractual party and was liable for approximately KRW 50 million, the Defendant was unable to repay the above debt because it was difficult to do so due to the business. On December 2009, the Defendant promised to pay KRW 500,000 per check, in lieu of borrowing one of the household checks around the end of December 2009, to receive the check form from D, and to issue the check in its name.

On February 28, 2011, the Defendant issued one copy of the above No.C. No. D’s family check (5,000,000) at face value on a check sheet (check) lent from B to D at the time of resident residence around February 28, 201, and the date of issuance on May 30, 201, and issued one copy of the above No.C.C. bank check under D, which was presented on June 1, 201, within the period of payment proposal, but was not paid due to shortage of deposits, and thereafter, from around that time to July 10, 201, the Defendant issued the total face value of KRW 35,00,000 in total seven times as shown in the attached crime list, and each holder presented a payment proposal within the period of payment proposal, but did not receive due to shortage of deposits or suspension of transactions.

As a result, the defendant in collusion with D did not pay for the shortage of deposit or suspension of transaction even though he issued the check.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. Application of Acts and subordinate statutes to each accusation note or each family check;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning the facts constituting an offense, Article 30 of the Criminal Act (Selection of Fine);

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 for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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