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(영문) 서울북부지방법원 2016.04.29 2016고정271
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant: (a) from around August 30, 201, entered into a check contract with the U.S. branch in Korea; and (b) issued a check check; (c) around July 27, 2015, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government, the check number “C”, the face value “five million won”, and the issue date of the check; and (d) issued one copy of the check at the above bank; and (c) paid it to the said bank within the period for presentation, but did not pay it as a disposition of suspension of transaction. In addition, each holder issued the check at the above bank number of KRW 25 million and presented it to the said bank within the period for presentation; and (d) each holder did not receive a disposition of suspension of transaction or deposit.

2. The judgment is based on the case where the person who issued or prepared a check pursuant to Article 2(2) and (1) of the Illegal Check Control Act, which constitutes a crime falling under Article 2(4) of the same Act, collects or fails to collect the check, and where the check holder’s explicit intent is against the check holder’s intention, the case cannot be prosecuted. The record reveals that the defendant recovered the check after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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