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(영문) 의정부지방법원 고양지원 2020.02.19 2019고정869
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[2019 High Court Decision 869]

1. On February 5, 2019, the Defendant issued one check number “E”, check amount “4,568,200 won”, and the date of issuance “F Bank’s number of shares per August 3, 2019” at D offices operated by the Defendant in Orcheon-gu, Ocheon-gu, Ocheon-gu, U.S., and thereafter, the Defendant issued one check number “E”, “E”, “4,568,200 won”, and the check number per share of F Bank on August 3, 2019. After that, the check holder presented a payment proposal to the said Bank on August

[2019 High Court Decision 870]

2. On March 3, 2019, the Defendant issued a check number “G”, check amount “6,375,382 won”, and issuance date “the number of shares per F Bank” in the offices indicated in paragraph (1), and issued one copy of the check number per F Bank; and on September 3, 2019, the holder of the check presented a payment proposal to the Bank on September 3, 2019, which is within the payment presentation period, but did not receive as suspension of transaction.

[2019 High Court Decision 904]

3. On January 15, 2019, the Defendant issued a check number “H”, “7,352,400 won”, “7,352,40 won”, and “the check holder” issued a copy of the check number per unit number per F bank, which became the blank of the date of issuance, and supplemented the date of issuance of the check number as “ July 3, 2019” on July 3, 2019. On July 3, 2019, the Defendant presented a payment proposal to the Vice-City Branch of the F Bank, which was within the period of payment proposal, but failed to pay on the date of presentation as the suspension of transaction.

Summary of Evidence

[2019 High Court Decision 869]

1. Defendant's legal statement;

1. A written accusation (1) (including a copy of the attached check) (including a copy of the attached check),

1. Defendant's legal statement;

1. A written accusation (including a copy of attached check) (including a copy of the check);

1. Defendant's legal statement;

1. A written accusation (1);

1. Application of Acts and subordinate statutes to a copy of the check of number of units (No. 2 of the evidence list);

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the selection of fines for 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is indicated in paragraph (1) of the same Article, as indicated in the judgment of March 2019.

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