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(영문) 대구지방법원 2014.10.23 2014고단2952
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From January 5, 2002, the summary of the facts charged was from around January 5, 2002, the Defendant opened the Daegu Bank's selling and selling branch and household deposit account and traded household checks.

On October 2013, the Defendant issued one copy of the check number “D”, par value “3,00,000,000”, and one copy of the bank household check in the name of the Defendant, which became the date of issuance “1 January 31, 2014.”

From December 2013 to December 2013, the Defendant issued 16 copies of household checks worth KRW 48,000,000 in total face value as shown in the attached list of crimes.

The Defendant presented each check to the above bank within the time limit for presentment for payment, but did not pay the check due to the shortage of deposit.

2. Each of the facts charged of this case is a crime falling under Article 2 (2) and (1) of the Illegal Check Control Act, and Article 2 (4) of the same Act provides that where a person who has issued or prepared a check collects the check, a public prosecution cannot be instituted. According to the records of this case, since the defendant can be recognized that all of the above checks were recovered after the prosecution of this case, the prosecution of this case against the defendant is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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