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(영문) 서울북부지방법원 2016.09.01 2016고단96
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From April 24, 2013, the Defendant: (a) concluded a check contract with the point of locking in the name of the Defendant; (b) around August 18, 2014, the Defendant issued one copy of the check number F and face value KRW 5 billion; (c) around January 21, 2015, a check number F and the face value KRW 5 billion; and (d) issued one copy of the check number per unit number in the name of the Defendant, the date of issuance of which is blank, with the maturity of KRW 100 million.

On July 9, 2015, the Defendant entered “A” as of July 9, 2015 on the issue date of the check number, and filled out blanks, and presented the check number to the closing point of the Bank, but did not receive the suspension of transaction.

2. Although Article 2(2) and (1) of the Illegal Check Control Act applies to the facts charged in the instant case, if a check is withdrawn pursuant to Article 2(4) of the same Act, a public prosecution may not be instituted.

Since the defendant recovered the check after institution of the prosecution of this case, the prosecution against the violation of the Illegal Check Control Act is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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