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(영문) 서울서부지방법원 2018.02.20 2016고단2755

부정수표단속법위반

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

Ⅰ. The Defendant is the actual representative director of C Co., Ltd.

1. On January 21, 2016, the Defendant issued a check number D, “D” at face value 50 million won,” and “date of issuance on March 25, 2016,” one copy of the check per national bank under the name of C at a place where the location is unknown.

On March 25, 2016, when the check was presented, the check was presented to the National Bank Franchising branch during the payment period, but it was not paid as a disposition of transaction suspension, and the check was issued in the total amount of 272,783,00 won per face value as shown in the attached crime sight table between around that time and May 12, 2016 and the check was presented to the holder, and the check was paid to each other, but it was not paid as a disposition of transaction suspension.

2. On March 8, 2016, when the check contract was terminated, the Defendant was unable to issue the check upon the termination of the check contract.

Nevertheless, on March 14, 2016, the Defendant issued one copy of the check number “E”, the check amount “50 million won”, and the date of issuance “C” under the name of the Co., Ltd., Ltd., where the location is unknown.

Ⅱ. Determination

1. The defendant and his defense counsel asserted that each of the checks in this case (hereinafter referred to as "each of the checks in this case") in this case were not issued by the defendant, and that, at the request of the F Party F that the defendant would take over prior to the K-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U

2. In order to establish a crime of violating the Illegal Check Control Act according to the facts charged in the judgment, the offender is required to issue the check.

If there is a defense counsel, the defendant only delivered the check paper.