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(영문) 의정부지방법원 고양지원 2014.10.31 2014고단661

부정수표단속법위반

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All of the prosecutions of this case are dismissed.

Reasons

1. From May 17, 2012, the summary of the facts charged, the Defendant entered into a check contract with the Korean bank under the name of the week in which the Defendant was operated, and entered into a check contract with the Korean bank.

On October 30, 2013, the Defendant issued one check number “D,” check amount “20,000,000,” and the date of issuance “28 February 28, 2014,” respectively, a copy of the number of shares of the said bank at the business office located in (ju)B in the Gyeonggi-si, the Gyeonggi-si, and one copy of the number of shares of the said bank.

Around February 28, 2014, the period during which the check was presented to be paid, the check was presented to the above bank, but the Defendant did not pay it as a disposition of suspension of transaction, and the Defendant issued the check with a total of KRW 112 million over three occasions, as shown in the list of crimes in the attached Table, and did not pay it as a disposition of suspension of transaction.

2. The facts charged in the instant case are crimes falling under Article 2(2) and (1) of the Control of Illegal Check Act, and where checks are recovered pursuant to Article 2(4) of the same Act, a public prosecution cannot be instituted. Since the Defendant collected all the checks on the list of crimes in the annexed sheet after the instant indictment, it is so decided as per Disposition pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.