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Reasons
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(영문) 수원지방법원 2020.04.17 2019고단6385
부정수표단속법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, from June 22, 1993, entered into a check contract with the East-gu Branch of F Bank from June 22, 1993 under the name of mother E, and was subject to a disposition of suspension of transaction due to the shortage of deposits on July 17, 2019.

Around May 2019, the Defendant issued a check number I, the date of issuance, “ September 21, 2019”, “3,000,000 won” in the “H” in the operation of the Defendant’s seat in Jongno-gu Seoul Metropolitan Government G.

Around September 23, 2019, when the J, the holder of the said check, presented the above check to the above bank, but the Defendant did not receive the suspension of transaction.

The Defendant, from June 22, 1993, concluded a check contract with the East-gu Branch of the F Bank from June 22, 1993 under the name of the mother E and received a disposition of suspension of transaction due to the shortage of deposits on July 17, 2019.

From February 2019 to June 2019, the Defendant issued one copy of the check number “K,” the check amount “5,000,000,000,” and the issuance date “F Bank’s household check under the above E in the name of “H” in the operation of the Defendant’s located in Jongno-gu Seoul Metropolitan Government G.”

On July 18, 2019, when the check was presented to the above bank during the period of presentment for payment, the Defendant issued a check of total amount of KRW 30 million as shown in the attached Table Nos. 3, 8, 9, 10, 11, and 12, including that the check was not paid as suspension for transaction, but the check was not paid as suspension for transaction. However, even if the check was presented within the period of presentment for payment, the Defendant failed to pay it as suspension for transaction.

Summary of Evidence

"2019 Highest 6385"

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Each accusation letter "2019 Highest 7448";

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes on family relation certificate;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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