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(영문) 전주지방법원 2014.05.22 2013고단2584

부정수표단속법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was from July 30, 2010 to a person who actually runs (ju), whose father is his/her father, as his/her representative director, established the NongHydong Branch and the current account, and issued checks.

On April 15, 2011, the Defendant issued a check number C in the name of (E), par value 43 million won, the date of issuance, and the date of payment indicated as of April 15, 2012 at the same time as the number of shares of the bank.

However, on April 20, 2012, the holder of the check presented a payment proposal on April 20, 2012, which was within the time limit for presentment of payment, but the Defendant did not receive the payment suspension.

2. The facts charged in this case are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act and where a person who issued a check pursuant to Article 2(4) of the same Act collects the check, a public prosecution cannot be instituted. According to the records, the defendant recovered the check after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.