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(영문) 의정부지방법원 2019.08.30 2019고단1560
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From March 9, 2012, the Defendant entered into a check contract in the name of B Bank’s private branch and Defendant from around March 9, 2012, and has traded the check number.

1. On October 25, 2018, the Defendant violated the Illegal Check Control Act with respect to a check number C issued one copy of the check number C in the name of the Defendant, “C”, “35,000,000 won of face value,” and “1 January 31, 2019 of the issuance date,” in the name of the Defendant, at the office inside office operated by the Defendant in Speaker-si D.

On January 31, 2019, the holder of the check presented the payment order to the above bank on January 31, 2019.

However, the defendant did not receive the suspension of transaction.

2. On December 15, 2018, the Defendant violated the Illegal Check Control Act with respect to a check number F, issued a copy of the check number F in the name of the Defendant, “F”, “amount of face value 43,826,000,” and “date of issuance, March 31, 2019” at the place indicated in paragraph (1).

On April 1, 2019, the holder of the check presented the payment order to the above bank on April 1, 2019.

However, the defendant did not receive the suspension of transaction.

3. On December 20, 2018, the Defendant violated the Illegal Check Control Act with respect to a check number G issued a copy of the check number G in the name of the Defendant, “B bank number G”, “amount of 45,227,000 won”, and “date of issuance on March 23, 2019” at the places indicated in paragraph (1).

On March 25, 2019, the holder of the check presented the payment order to the above bank on March 25, 2019.

However, the defendant did not receive the suspension of transaction.

2. The facts charged in the instant case are the crimes falling under Article 2(2) of the Illegal Check Control Act that fall under Article 2(4) and against the explicit intent of the holder of the check even if the person who issued or prepared the check in accordance with paragraph (4) of the same Article collects the check or fails to collect it.

However, the application for punishment submitted on August 2, 2019 and collected respectively.

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