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(영문) 서울서부지방법원 2017.03.28 2017고정196

부정수표단속법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On July 7, 1993, the summary of the facts charged, the Defendant entered into a check contract with the financial center in the name of the Defendant and traded over the check.

On April 5, 2016, the Defendant issued one copy of the check number per bank in the name of the Defendant, which was named as “D”, “D”, “5,00,000 won” at the face value”, and “5,000 won” in the “C” operated by the Defendant in Jongno-gu Seoul, Jongno-gu.

On August 10, 2016, the holder of the check presented the check payment to the above bank.

However, the defendant did not receive the suspension of transaction.

2. The judgment is a crime falling under Article 2(2) and Article 2(1) of the Illegal Check Control Act, where a person who issued or prepared a check pursuant to Article 2(4) of the Illegal Check Control Act collects or fails to collect the check, and where the check holder’s explicit intent is against the check holder’s intent, the case cannot be prosecuted. The records of this case acknowledged that the Defendant recovered the check after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.