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(영문) 서울중앙지방법원 2019.03.20 2018고단8534
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, from September 1989 to January 1, 1998, operated a mutual travel company of the “B”, and around July 31, 1997, entered into a check contract with the C Bank’s affiliated branch offices and entered into a check contract with the C Bank’s affiliated branch offices and entered into a transaction of the number of units.

On July 31, 1997, the Defendant issued a check number "F", "F", "30 million won", "F", "20 million won per check number", "G", "20 million won", "20 million won per check number", "20 million won per check number", "B of the above bank in the name of the bank holding company in the name of the issue date, "H", "H", "50 million won per check number", "B of the above bank in the name of the bank holding company in the name of the issue date, "F", "I", "50 million won per check number", "50 million won per check number", "in the name of the bank holding company in Seocho-gu, Seocho-gu, Seoul, the above bank holding company in the name of the issue date, "50 million won per check number", "in the name of the above bank holding company in the name of the above bank holding company in the name of the issue date," and "in the name of the above 500 million won per issuance date."

Since then, E, the holder of the check, was the defendant, in defaulting on and without paying the debt to the United States on March 31, 1998, when the defendant escaped to the United States via the Philippines. On June 3, 1998, the date of issuance of each of the above check units was stated as June 3, 1998 in the first patrol officer, and on June 8, 1998, within the time limit for payment proposal, the above bank made a payment proposal, but the defendant was not paid each due to the trading politics disposition.

2. Determination

(a) Applicable provisions of Acts: Article 2 (2) and (1) of the Illegal Check Control Act;

(b) Article 2 (4) of the Illegal Check Control Act: In a case where the person who issues or prepares a check collects the check, or the holder of the check is not punished, the check shall not be prosecuted;

C. The holder of a check on January 8, 2019, which was subsequent to the institution of prosecution.

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