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(영문) 인천지방법원 2014.09.30 2014고단4854

부정수표단속법위반

Text

The prosecution of this case is dismissed.

Reasons

1. From July 1, 2013, the Defendant, as the representative director of C, opened the current account in the name of the said company, from July 1, 2013, to the subordinate financial center of Korea Bank, and traded checks.

around December 2, 2013, the Defendant issued a check number sheet (E) issued at the office above the company office located in Nam-gu Incheon Metropolitan City D with the term "20,000,000 won" and the date of issuance " May 3, 2014," and presented a payment proposal on May 7, 2014, which is within the time limit for payment by the holder, but did not receive the disposition of suspension of transaction as of February 5, 2014, from that time until the 17th of the same month, as shown in the separate crime list, and each holder issued a total of six face value per share of our bank 6,80,000,000 won and presented a payment proposal within the time limit for payment, but did not receive the disposition of suspension of transaction.

2. The facts charged in the instant case are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and even if a person who issued a check pursuant to Article 2(4) fails to collect or recover the check, if the check goes against the explicit intent of the check holder, the prosecution cannot be instituted. According to the records, the Defendant collected each check listed in the annexed Table 1, 3, and 6 after instituting the instant prosecution. The fact is recognized that the Defendant expressed an intention not to punish the Defendant on September 18, 2014, and that F. of the check listed in the annexed Table 2, the indictment in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.