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(영문) 서울북부지방법원 2016.07.15 2016고단349

부정수표단속법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) on December 23, 2009, the Defendant entered into a check contract with the Bank of Korea 8 branch offices in the name of B (the representative director) and presented the check number “D”, “15,36,300 won”, “15,300 won”, and “B” under the name of B” as of August 20, 2015 in the office of the Bank of Korea in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, as of August 20, 2015, each holder presented the check number “D”, “15,36,300 won”, “one check issued on November 30, 2015,” and each holder presented five face value 103,36,300 won per unit to each of the above banks within the period of payment, but did not receive any deposit or suspension of transaction.

2. However, in the case of this case, if a person who has issued or prepared a check pursuant to Article 2(2) and (1) of the Illegal Check Control Act among crimes falling under Article 2(4) of the same Act collects the check, a public prosecution cannot be instituted. Since the defendant recovered the check after the prosecution of this case, this part of the public prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.