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(영문) 서울서부지방법원 2013.05.28 2012고단2133
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On June 21, 2007, the Defendant entered into a check contract in the name of the new branch of Han Bank and D Co., Ltd. with which the Defendant is the representative director, and entered into a check contract in the name of the company.

On May 28, 2009, the Defendant issued a check number “F”, “2,90,000,000”, “F”, “2,00,000,000”, and “F” in the name of the said D Co., Ltd. under the name of the said D Co., Ltd. with the date of issuance, and added the date of issuance around July 25, 2012 to “F.” and presented the check payment to “F.” on July 26, 2012, the date of issuance of the check to “F.”, which was within the period of payment proposal, but did not receive the shortage of deposits.

2. The facts charged in the instant case may not be prosecuted against the express intention expressed by the holder of the check, even though the person, who issues or prepares a check under Article 2 (4) of the Illegal Check Control Act, among crimes falling under Article 2 (2) or (1) of the same Act, collects the check or fails to recover it;

However, according to the records of this case, G, the final holder of the check of this case, can be acknowledged on May 13, 2013, which was after the prosecution of this case, that the defendant expressed his intention not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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