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(영문) 대전지방법원 2018.05.11 2017고단5032
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was as the representative director D, and on September 22, 2009, the Defendant entered into a check contract with the Daejeon District Court on September 22, 2009 and entered into a check transaction.

On January 4, 2017, the Defendant issued a copy of the check number “F”, “F”, “105,000,000 won” in the said bank’s office located in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, under the name of “D”, “F”, “105,00,000 won”, and presented that the check was paid on April 24, 2017 during the period during which the check was presented, but the check was not paid as a disposition of suspension of transaction.

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, the case cannot be prosecuted against the explicit intent of the holder of the check. According to the records, the Defendant can recognize the fact that the G, the holder of the check, expressed his intention not to punish him on May 3, 2018, which was the date the instant prosecution was instituted, and thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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