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(영문) 대구지방법원 2021.02.09 2020고단3157

부정수표단속법위반

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, from around November 20, 199, operated the manufacturing and wholesale company C such as plaques and twits in Daegu-gu B from around November 20, 199. Since around June 10, 200, the Defendant entered into a contract for the establishment of a current account under the name of the Dong branch and the Defendant of the Daegu Jung-gu E bank located in the Dong branch and the Defendant, and traded household checks.

【2020 Highest 3157】

1. At around 10:30 on February 25, 2020, the Defendant issued one copy of the Defendant’s household check in the above C Office, namely, “F”, “F”, “five thousands0,000,000”, and “date of issuance, May 25, 2020.” Around May 25, 2020, the said holder presented the check to the said Bank, which was within the period of presentation, but failed to pay for the shortage of deposits.

2. In around 10:00 on November 12, 2019, the Defendant issued a copy of the Defendant’s household check in the C Office, namely, “G”, “5,000,000”, “the date of issuance”, and “5,00.” Around May 25, 2020, the Defendant presented the said check to the said Bank on or around May 25, 2020 during the period for presentation of payment, but did not receive any shortage of deposit.

Around February 2020, the Defendant issued one copy of the check number H, the check number “H,” and the check number 5,000,000 on July 25, 2020 on the date of issuance, and presented the said check to the said bank on July 27, 2020 during the period for presentation, but failed to pay it as a non-transaction (cancellation of the check contract) at the said C office.

2. Where a judgment check is recovered, a public prosecution shall not be instituted: Article 2(4) of the Illegal Check Control Act; and a judgment dismissing a public prosecution to recover the check after the prosecution of this case is instituted: Article 327 subparag. 6 of the Criminal Procedure Act;