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(영문) 대전지방법원 2016.03.31 2016고단177
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From September 23, 2005, the Defendant entered into a check contract with the main branch of the National Bank Daejeon, and traded household checks under the name of the Defendant from around September 23, 2005.

On September 30, 2015, the Defendant issued a copy of the check number D, check amount “D”, “3,00,000 won”, and the date of issuance “E”, “E”, “3,000,000 won” and “E”, “3,000,000 won”, and “ September 30, 2015,” respectively, in the name of the Defendant, respectively.

On September 30, 2015, the Defendant presented a check with the check number “E” on September 30, 2015, which was within the time limit for presentation. The Defendant presented a check with the check number “D” on October 1, 2015, which was within the time limit for presentation, and the check number “D” presented the check to the Nonghyup, Inc., which was within the time limit for presentation, but did not receive the check, respectively.

2. The facts charged in the instant case are crimes falling under Articles 2(2) and 2(1) of the Illegal Check Control Act and cannot be prosecuted against the express intent of the holder of the check in cases where the check was collected pursuant to Article 2(4) of the Illegal Check Control Act or the check was not prosecuted. According to the records of the instant case, the fact that the check was collected on January 25, 2016, which was the date the prosecution was instituted, can be acknowledged.

3. Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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