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Reasons
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(영문) 서울북부지방법원 2012.12.17 2012고정3277
부정수표단속법위반등
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Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Illegal Check Control Act is a person who entered into a check contract with a small branch of the National Bank, etc. on June 8, 2005 and entered into a check contract with a branch of the National Bank, etc. around June 8, 2005.

On November 29, 2005, the Defendant issued and distributed normally one copy of the check number “C”, “15 million won”, and the date of issuance on the check “1, 2005.” Despite the fact that the check was forged or altered, the Defendant submitted the check to the Bank on November 25, 2005, which was the last holder of the check, the payment of the said check at the Bank on the same day and processed the first dishonor on the same day. On November 29, 2005, the Defendant filed a false report on the accident report with the Bank around December 1, 2005, that the check was forged or altered.

2. On December 16, 2005, the Defendant submitted an accident report on the said check to the Young-gu Office of the National Bank, etc., and submitted a complaint to the Seoul Young-gu Police Station stating that “E, around November 25, 2005, the check number “C” and the face value “15 million won” were to be issued as of January 13, 2006, and the Defendant issued the check number “C” as of January 13, 2006. However, the Defendant presented a complaint to the effect that “E would be punished by altering the issue date of the said check and suggesting payment to the bank.”

However, there was no change in the date of issuance of the check.

As a result, the Defendant reported false facts to E for the purpose of having the criminal punishment imposed upon E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to filing a complaint or accident report;

1. Article 4 of the former Control of Illegal Check Act (amended by Act No. 10185, Mar. 24, 2010); Article 156 of the Criminal Act

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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