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(영문) 인천지방법원 부천지원 2015.11.10 2015고단2673
부정수표단속법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant entered into a check contract with the Defendant from February 7, 1994, under the name of the Bank of Korea (hereinafter “National Bank”), and traded the coefficient check.

On July 15, 2014, the Defendant issued one check number D, date of issuance, and November 15, 2014, under the name of the Defendant, “5,00,000 won of the check amount” at the C office operated by the Defendant, which is a business partner, at the time of Ansan-gu, the Defendant issued the said bank household check in the name of “D”, “the check amount”, “5,00,000 won” and presented the said check to the said bank on November 17, 2014, which is within the period of presentment for payment.

However, the Defendant issued 9 checks as stated in the attached list of crimes, including the fact that the check was not paid upon termination of the check contract, and each check holder presented payment within the payment presentation period, but did not receive each payment upon termination of the check contract.

2. The crime in each of the facts charged of this case is a case in which a person who has issued or prepared a check pursuant to Article 2(4) of the Illegal Check Control Act collects the check or is against the explicit intent of the holder of the check. Since the defendant collected all the nine checks listed in the separate sheet on November 6, 2015, which was after the prosecution of this case was instituted, and expressed his/her intention that IMA, a holder, expressed that he/she would not want the punishment of the defendant, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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