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(영문) 전주지방법원 2013.05.09 2012고단2514

부정수표단속법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant entered into a check contract in the name of the former North Korea Business Association and the Defendant’s father and the Defendant’s wife C from July 30, 2010 and entered into a check contract in the name of the said party’s shares.

On October 30, 2011, the Defendant issued one copy of the number of shares of the said bank in the name of the check number F, face value of 375,00,000, and the date of issuance on June 30, 2012, from a teahouse near the Emphian Emphian, the Defendant issued one copy of the number of shares of the said bank.

On July 3, 2012, the holder of the check presented a payment proposal on July 3, 2012, which was within the time limit for presentment of payment, but the Defendant did not receive the payment suspension.

2. The facts charged in the instant case are the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and where a person who issues or prepares a check collects the check pursuant to Article 2(4) of the same Act, the prosecution cannot be instituted.

However, according to the records of this case, the defendant can be found to have recovered the above check on May 7, 2013, which was after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.