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(영문) 의정부지방법원 고양지원 2015.08.25 2015고단1572
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant operates the singing and singinging manufacturers with the trade name “B” in Gyeyang-gu, Seongbuk-gu, and (b) from November 6, 2003, the Defendant entered into a check contract in the name of the Defendant at the wall control point of the National Bank; and (c) made a transaction of the number of shares.

On January 28, 2015, the Defendant issued a check number C, face value C, 50,000,000, and one copy of the check number per unit of a national bank held in the name of the Defendant on April 28, 2015, which was the date of issuance, at the above B office, and the said check was presented on April 28, 2015, which was within the period of presentment for payment, but the said check was presented for payment, but the check was not paid due to the shortage of deposit.

On February 15, 2015, the Defendant continuously issued a check number D, face value of 54,00,000, and one copy of the check number per unit of a national bank held in the name of the Defendant on May 15, 2015, and the check holder issued the check on May 15, 2015, which is within the period for the presentation of payment, but the check holder presented the check on May 15, 2015, but did not receive the suspension of transaction.

2. The offense of violating the Illegal Check Control Act, which entered in the facts charged of the instant case, is a case in which a person who issued or prepared a check pursuant to Article 2(4) of the Illegal Check Control Act collects or fails to collect the check, and where the check goes against the explicit intent of the holder of the check, a public prosecution cannot be instituted. According to the record, the Defendant can be found to have collected all two copies of the check as stated in the facts charged of the instant case after

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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