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(영문) 부산지방법원 동부지원 2016.11.16 2016고단1785
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From December 27, 2002, the Defendant entered into a check contract with a branch office of the Industrial Bank of Korea and the Defendant under the name of the Defendant, and has traded the check number.

On April 7, 2016, the Defendant issued a check number B, check amount “40,000,000”, and the date of issuance “the date of August 6, 2016,” one copy of the number of shares per the Bank under the name of the Defendant.

On August 8, 2016, the Defendant presented the check to the above bank that was within the period for presentment of payment, but did not pay the check due to the shortage of deposit.

From that time to May 31, 2016, the Defendant issued the Industrial Bank of Korea shares of the above Industrial Bank of Korea under the name of the Defendant five times in all as shown in the attached list of crimes. The Defendant offered a payment proposal within the payment proposal period but failed to pay due to the shortage of deposits, etc.

2. Determination

(a) Recovery of checks after prosecution;

(b) Rejection of public prosecution: Article 2 (4) of the Illegal Check Control Act (the case in which the person who issues or prepares the check collects the check, or the person who holds the check is not subject to prosecution when the holder of the check is not subject to punishment), Article 327 subparagraph 6 of the Criminal Procedure

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