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(영문) 서울남부지방법원 2016.04.27 2016고단490
부정수표단속법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On December 10, 2012, the summary of the facts charged, the Defendant entered into a check contract with the branch offices of Korea bank in the name of the Defendant and traded over the check.

On May 7, 2015, the Defendant issued one copy of the check number F, face value 50 million won, and one copy of the check per bank held in the name of the Defendant as of December 31, 2015, at the E office located in Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Busan. On December 7, 2015, the Defendant presented the check on December 31, 2015, during which the check was presented.

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

The Defendant, including that, from around that time to August 16, 2015, issued a check with a total of KRW 140,000,000 (hereinafter “each of the instant checks”) four times in total, as indicated in the following list of crimes, but did not receive each of the instant checks as suspension of transaction.

On December 31, 2015, the reason for delinquency on the date of presentation of the date of issuance of the check number at the face value of the actual net (unit: prime: KRW 50 million on May 7, 2015; KRW 50 million on December 31, 2015; the disposition of suspension of transactions as of May 18, 2015; KRW 50 million on December 31, 2015; the disposition of suspension of transactions as of December 31, 2015; and the disposition of suspension of transactions as of December 31, 2015, KRW H 20 million on July 16, 2015; KRW 30 million on July 20, 2016; and the disposition of suspension of transactions as of January 20, 2016; and

2. In cases where the court has taken a preservative measure prohibiting repayment, etc. to the debtor pursuant to Article 43(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), the paying bank of a check must, as a matter of course, refuse payment on the grounds of the above preservative measure, regardless of whether the check has a deposit.

Therefore, if a check was presented after a preservative measure prohibiting repayment under the above law was taken against the drawer of the check, the bank, even if the bank refused to pay, "non-transaction" or "non-deposit" were presented.

8.2

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