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(영문) 서울중앙지방법원 2017.04.27 2016고단3745 (1)
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

From September 5, 1997, the defendant of the public prosecutor's office entered into a contract under the name of the Bank and the defendant, and has transacted over the check.

around January 8, 2013, the Defendant issued one copy of the check number “G”, the check amount “600 million won”, and the date of issuance “F” under the name of the Defendant in the “F office operated by Jongno-gu Seoul Metropolitan Government E”, and issued one copy of the check to E during the payment period, and did not pay the shortage of deposits even though the said check was presented to E during the payment period. From around May 19, 2015 to July 25, 2013, the Defendant did not pay the shortage of deposits. In addition, the Defendant issued three copies of the check per three times in total, and three billion won in total, and the check amount to E during the payment period, and paid the said check to E during the payment period, respectively.

Each of the above actions by the Defendant on the board is a crime falling under Articles 2(2) and 2(1) of the Control of Illegal Check Act, and where the check is recovered pursuant to Article 2(4) of the same Act, a public prosecution cannot be instituted. According to the record, it is recognized that the Defendant recovered the above check after the pleading of this case is terminated. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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