logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.02.18 2015고정1183
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 5, 2002, the Defendant entered into a check contract in the name of the branch office of Han Bank and the Defendant, and traded household checks.

On December 10, 2014, the Defendant issued one copy of the household check in the name of the Defendant, “D”, “1,000,000”, and “1,000,000” on the date of publication at the office of C company run by the Defendant in Mapo-gu Seoul, Seoul, on December 10, 2014.

On January 26, 2015, the Defendant, within the period of presentation, failed to pay as a disposition of suspension of transaction even though the said check was presented to the said bank.

From October 10 to January 5, 2015, the Defendant issued 7 Chapters 2 to 5, 7, 8, and 9 of household checks (total check amount of KRW 7,00,00) as indicated in the attached Table of Crimes Nos. 2 to 5, 7, 8, and 9 between October 10, 2014 and January 5, 2015, and prevented the Defendant from receiving them as a disposition of shortage of deposits or suspension of transactions, even though each of the said checks was presented during the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation (including accompanying documents);

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, and Article 2 (2) and (1) of the Act on the Control of Illegal Check, and the selection of fines;

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. The fact that each check is defaulted as set forth in No. 1, 6, 10, and 11 of the list of crimes attached to the facts charged;

2. Determination

(a) Applicable legal provisions: Article 2(2) and (1) of the Illegal Check Control Act;

(b) Crimes of non-compliance: Article 2 (4) of the Control of Illegal Check Control Act;

C. Collection of checks: Collection of checks on October 6, 2015, each after the institution of this case was indicted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

arrow