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(영문) 인천지방법원 2013.06.14 2013고단1537
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who, from September 16, 1994, entered in the facts charged, concluded a contract with the Korean Bank's Busan East Branch and the party allotment sheet and issued a party allotment sheet.

On April 23, 2012, the Defendant issued a check number D, issuance date on April 2012, 200 by correcting the issuance date in blank. The Defendant issued a check number D, April 20, 2012, “an amount of KRW 428,00,000,000,” which is “an amount of face value 12 million” issued by the Defendant at the office of 5th floor B building in Bupyeong-gu, Incheon.

On October 22, 2012, the Defendant, the holder of the said check, presented the date of issuance of the said check to the Bank of Korea on October 20, 2012 and presented the payment proposal within the payment proposal period, but did not receive the payment suspension disposition.

2. The judgment of this case is a crime falling under Article 2(2) of the Illegal Check Control Act, and Article 2(4) of the same Act provides that the crime of violating the Illegal Check Control Act under Article 2(2) of the same Act shall not be prosecuted against the explicit intent of the holder of the check.

On May 20, 2013, after the prosecution of this case, the check holder, expressed his/her intention not to be punished by the defendant in this court. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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