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(영문) 서울북부지방법원 2016.07.15 2016고정876

부정수표단속법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On August 30, 2001, the summary of the facts charged is that the Defendant opened a bank and a current account under the name of the Defendant and traded checks.

A. On September 2015, 2015, a check number C, date of issuance “C” and “270 million won” shall be issued as the price for the goods, one copy of the check per the above bank’s account, which consists of the check number C, the date of issuance, and the face value “270 million won”;

B. On September 2015, 2015, a check number D, the date of issuance with the check number “D”, the date of issuance, and the “five million won per face value” at the place indicated in paragraph (a) of this Article, shall be issued as the price for goods, and one check of the above bank shall be issued as the price for goods.

C. On October 2015, on the issue date, three copies of the current bank check issued at the face value of KRW 12.7 million, including the issuance of one copy of the check at the face value “E” and “5 million won” at the face value as of the date of the issuance date.

However, the defendant presented each payment to the above bank within the payment period by each holder of the above check, but did not receive any deposit shortage (the suspension of transaction).

2. The judgment is based on the case where a person who issues or prepares a check pursuant to Article 2(2) and (1) of the Illegal Check Control Act is a crime falling under Article 2(4) of the Illegal Check Control Act and does not collect or recover the check, and where the check holder’s explicit intent is against the check holder’s express intention, the case cannot be prosecuted. The records show that the defendant recovered the check after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.