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(영문) 서울남부지방법원 2017.11.23 2017고단4267
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who runs a new retail business with the trade name “B”.

From January 23, 1995, the Defendant entered into a check contract with a branch of the East-gu Seoul Bank in the name of the Defendant, and traded checks.

The Defendant issued the foregoing bank’s check number “D”, “D”, “F” on February 28, 2017, “5 million won” on the date of payment, and “5 million won” on February 29, 2017, and the foregoing bank’s check number “E” on February 29, 2017, and “E” on June 30, 2017,” “5 million won” on the date of payment, one copy of the bank’s check number “F”, “F” on March 1, 2017,” “F” on the date of payment, and KRW 1,500,000,000 in the name of the Defendant bank under the above bank’s name, which is “5 million won.”

However, each holder of the check presented each payment to the above bank within the period of presentation for payment, but did not pay for the shortage of deposit.

2. The facts charged in the instant case are the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act that fall under Article 2(4) of the same Act, and where a person who issued or prepared a check pursuant to Article 2(4) of the same Act collects the check, a public prosecution cannot be instituted. According to the records of the instant case, it is recognized that the Defendant recovered all the check after the prosecution of the instant case. Thus, the instant public prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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