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(영문) 제주지방법원 2019.06.14 2018고단1951
부정수표단속법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

In Jeju, the Defendant had opened the current account in the name of C from March 7, 2017 to the North Korean branch of the D Bank, and has traded the current number of shares.

[Fact of Prosecution]

1. Around November 2017, the Defendant issued, at C offices, one copy of the check number in C name, the issue date of which is March 10, 2018, and the face value of which is 34 million won. Around March 12, 2018, F Co., Ltd., the holder of the check, presented the check number to be paid, but did not pay the shortage of deposits.

2. On December 7, 2017, the Defendant issued, at C Office, one copy of the check number list ( check number G) in C’s name, the issue date of which is April 7, 2018, and the face value of which is 30 million won. The Defendant issued the check number G, which is the holder of the check at issue, around April 9, 2018, the check number was presented and the check was not paid as a disposition of suspension of transaction.

3. Around December 7, 2017, the Defendant issued a one copy of the check number in C’s name, the issue date of which is April 21, 2018, and the face value of which is KRW 20 million, at C’s office. The Defendant, the holder of the check, presented a payment proposal on April 23, 2018, which is within the payment proposal period, but did not receive a disposition of suspension of transaction.

4. Around December 7, 2017, the Defendant issued one copy of the check number in C’s name, the issue date of which is June 2, 2018, and the face value of which is KRW 10 million, at C’s office. Around June 5, 2018, L, the holder of the check, presented the check, but did not receive the suspension of transaction.

However, even if all the checks fall under Article 2 (2) and (1) of the Illegal Check Control Act and are collected or not recovered in accordance with Article 2 (4) of the same Act, if the check holder goes against the explicit intent of the check holder, a public prosecution may not be instituted.

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