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(영문) 대전지방법원 2013.11.29 2011고단1526
부정수표단속법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is the representative member of the limited partnership company B, and the defendant limited partnership company B is a corporation established for the purpose of fire-fighting system installation business.

Defendant

A From December 31, 1996, the Defendant entered into a check contract in the name of the closing point of the National Bank and the limited partnership company of which the Defendant is a representative member, and entered into a check contract in the name of the limited partnership company B.

On December 1, 2010, the Defendant issued a check number D, check amount, “5,896,813”, and date of issuance “28, 2010,” one copy of the check number per bank under the name of the limited partnership company B at the office of a limited partnership company B located in Seo-gu Daejeon, Daejeon, Daejeon, with the check number “D”, “5,896,813” and “the date of issuance”. However, even if the check holder presented a check payment proposal on December 24, 2010, the check was not paid as a disposition of suspension of transaction.

B. The Defendant limited partnership company, at the same time and place, issued one copy of the check number per unit in the above manner in the name of the Defendant, but did not receive the disposition of suspension of transaction.

2. The judgment is a crime falling under Article 2(2), (1), or the main sentence of Article 3(1) of the Illegal Check Control Act, which cannot be prosecuted against the explicit intent of the holder of the check pursuant to Article 2(4) of the same Act. It is apparent in the record that the Home Center, the holder of the check, submitted the “written application for non-prosecution of punishment” stating that he/she would not want punishment against the Defendants on November 26, 2013, which was after the institution of the instant prosecution. Thus, all prosecutions against the Defendants are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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