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(영문) 서울서부지방법원 2017.04.28 2015고단2925
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant entered into a check contract with a new bank substitute point from October 19, 199, and traded over the check.

On January 1, 2015, the Defendant issued a check number D, face value, and the check number D, and the check number 402 at issue date, which are blank, with the right to supplement the check. On June 15, 2015, the Defendant issued the check number D, face value, and the check number 524,50,000 won by exercising the right to supplement, and the payment was made on June 15, 2015, but the Defendant did not receive the shortage of deposit.

2. Determination and conclusion

A. Legal provisions applicable to facts charged: Articles 2(2) and 2(1) of the Control of Illegal Check Act

(b) Crimes of non-compliance with an intention: Articles 2 (4) and 2 (2) of the Illegal Check Control Act (no person who issues or prepares a check shall file an indictment where he/she collects the check or the check holder is unable to impose a punishment);

C. On April 26, 2017, after the institution of prosecution, submission of an application for withdrawal of a check, or for the punishment of a holder of a check.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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