logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.10.11 2012고단3274
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From July 22, 2010, the Defendant entered into a check contract in the name of the Nonghyup branch and the Defendant from around July 2, 2010, and traded a check number.

A. On July 27, 2012, the Defendant issued one check number E, check amount of KRW 24,00,000,000, and date of issuance in the name of the Defendant on October 27, 2012 at the (ju) D office operated by the Defendant, which was located in C building 103, at the time of the Gyeonggi City interesting. On October 29, 2012, the check holder presented to the National Bank on October 29, 2012, which was within the time limit for the presentation of payment, but did not receive as the termination of the check contract.

B. On July 28, 2012, the Defendant issued one check number F, check amount of 26,30,000, and one copy of the check number per the instant agricultural cooperative under the name of the Defendant, which was the date of issuance October 28, 2012, and presented to a corporate bank on October 29, 2012, which was within the time limit for presentment for payment by the check holder, but did not pay as the termination of the check contract.

C. On July 30, 2012, the Defendant issued one check number G, check amount of KRW 18,700,000, and issuance date in the name of the Defendant on October 30, 2012 under the name of the Defendant, which was the date of issuance, one copy of the check number per the said agricultural cooperative. On October 31, 2012, the check holder presented to the agricultural cooperative branch located in the agricultural cooperative, which was within the payment deadline, but did not pay for the termination of the check contract.

2. We examine the judgment. Each of the facts charged is a crime falling under Article 2(2) and (1) of the Illegal Check Control Act, and where a person who has issued or prepared a check pursuant to Article 2(4) of the same Act collects the check, the criminal cannot be prosecuted. According to each written confirmation and the original copy of the check recovered, the defendant can be found to have recovered the check. Thus, the prosecution against the violation of the Illegal Check Control Act with respect to each of the above checks is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

arrow