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(영문) 수원지방법원 2013.05.29 2012고단4715
부정수표단속법위반
Text

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

Reasons

1. The summary of the facts charged is the representative director of C Co., Ltd. (hereinafter “C”).

On September 7, 2007, the Defendant entered into a check contract with one bank temporarily located in the name of one bank and has traded the check of the number of shares.

On September 201, the Defendant issued a check number C office located on the 6th floor of Songpa-gu Seoul Metropolitan Building on September 201, 201, with the increase in the amount of credit debt continuously supplied by KCC (hereinafter “KCC”), and issued a check number “E”, “A bank locking point”, “A bank locking point”, and one copy of the check number in the name of C whose date of issuance is blank (hereinafter “instant check number”) with the authority to supplement in blank in order to continuously pay the above debt.

However, due to C’s default on March 20, 2012, the transaction of goods between the Defendant and KCC was terminated. On May 10, 2012, KCC, a holder of the instant check of this case, supplemented the issue date to “2,504,593,571 won” and presented the check on May 10, 2012, which is within the period for the presentation of payment, but did not receive the disposition of suspension of transaction.

2. The statement of the number of units of this case asserted by the Defendant was presented after the completion of the extinctive prescription of the right to fill the blank, and thus, the presentation of payment was inappropriate and thus rejected.

Even if there is no violation of the Illegal Check Control Act.

3. Determination

A. The extinctive prescription of a check issued in blank with the date of issuance in blank shall begin to run from the time when the issuer has legally possible exercise of rights on the check in light of the underlying relationship between the issuer and the party concerned, barring special circumstances. The claim arising from the exercise of a blank check shall be the claim for the check, and the right of recourse against the drawer in accordance with Article 51 of the Check Act shall expire if it is not exercised for six months after the expiration of the period for presentment.

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