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(영문) 광주지방법원 2018.12.21 2018고단2796

부정수표단속법위반

Text

The prosecution of this case is dismissed.

Reasons

1. From June 19, 196, the Defendant entered into a check contract in the name of the former branch of the Nonghyup Bank and the Defendant, and traded household checks.

around December 2017, the Defendant issued one copy of the Nong Bank’s household check in the name of the Defendant, which is the D office operated by the Defendant in Gwangju-gu, Gwangju-gu, a check number “E,” the check amount “5,000,000 won”, and the date of issuance “the date of April 23, 2018,” and presented the said check to the Bank on April 23, 2018, for which the holder of the said check presented the check within the payment period, but failed to pay the said check due to the shortage of deposit.

In addition, from December 2017 to January 2018, the Defendant issued a 11 copy of the household check equivalent to the total amount of KRW 5,000,000,000 on a total of 11 occasions from around December 2017 to around January 2018, and presented it to the said bank within the period for presentation, but the check holder was not paid due to the shortage of deposit or the suspension of transaction.

2. Each of the facts charged is a crime falling under Article 2(2) of the Illegal Check Control Act, and where a person who has issued or prepared a check pursuant to Article 2(4) of the same Act collects the check, the case cannot be prosecuted. According to the records, since the defendant can be found to have recovered all of the checks stated in each of the facts charged after the prosecution of this case was instituted, this part of the prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.