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(영문) 부산지방법원 동부지원 2018.03.08 2017고단1144
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was as follows: (a) the Defendant operated the Busan Shipping Daegu D building from July 17, 2007 to December 31, 2008; (b) the “E”, a company specializing in the distribution of non-pharmaceuticals, other than pharmaceutical products, and (c) around December 7, 2007, opened the check account at the point of the Busan Bank’s player relationship and traded the check.

A. On December 7, 2007, the Defendant issued a check number “F”, “50,000,000 won”, “1 copy of the check at Busan Bank’s Busan Bank under the name of the Defendant with the blank date, and presented the check to the said bank around November 9, 2016, which was within the period for presentation of payment, and did not receive due to the shortage of deposit.

B. On May 26, 2008, the Defendant issued a check number “H”, the check amount “50,000,000”, and the date of issuance in the Busan Bank’s name that was blank, and presented the check to the Bank around November 9, 2016, the payment period for which the issuance date was filled by “the date of issuance of the check” to “the date of November 9, 2016,” but did not receive any deposits due to the shortage of deposits.

2. The facts charged in the instant case are the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and even if the person who issued the check pursuant to Article 2(4) of the same Act did not collect or withdraw the check, a public prosecution cannot be instituted against the explicit intent of the holder of the check. According to the records, the Defendant can be found to have recovered the check around July 5, 2017, which was after the institution of the instant public prosecution. Accordingly, the instant public prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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