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(영문) 인천지방법원 부천지원 2019.09.03 2018고단3406
부정수표단속법위반
Text

Each public prosecution of this case is dismissed.

Reasons

1. The facts charged in this case are as follows.

From around 2005, the Defendant entered into a check contract with the D branch of the C Bank in Seongbuk-gu Seoul Metropolitan Government and the Defendant’s father E in the name of Seongbuk-gu and traded household checks.

On May 18, 2018, the Defendant issued one copy of the above bank bank bank check in the name of the Defendant’s father E on August 18, 2018 at the “G offices,” the check number H, the check amount of H, the check amount of KRW 5,00,000, and the date of issuance of the check on August 18, 2018, and the said holder presented the above bank’s check payment on August 20, 2018.

However, as shown in the attached Form 1 List of Crimes, the Defendant, as well as the Defendant’s non-payment of deposits, presented a check issued by the Defendant 19 times in total to the above bank within the period for presentation of payment, but did not receive the check due to the shortage of deposits.

B. From around 2005, the Defendant entered into a check contract under the name of the D branch of C Bank in Seongbuk-gu Seoul and the Defendant’s father E, and traded household checks.

On April 30, 2018, the Defendant issued three copies (number I, J, andK) of the above bank bank bank bank bank bank bank bank checks (number I, J, andK) in the name of the issuer in the name of the Defendant’s father E, and the date of issuance as of November 30, 2018, respectively, at the office of “G” operated by the Defendant in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant issued three copies (number I,J, andK) of the check. The above bank bank check holders presented each of the above bank checks around November 30, 2018, which was within the period of presentation for payment, but did not receive deposits shortage.

2. Each of the facts charged in the instant case is an offense falling under Article 2(2) and (1) of the Illegal Check Control Act and cannot be prosecuted against the explicit intent of the holder of the check in accordance with paragraph (4) of the same Article.

According to the records, L Co., Ltd (attached Form 4, 6, 11, and 15 checks), M (attached Form 1 through 3, 5, 8 through 10, 14, and 19 checks) which is the holder of the check.

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