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(영문) 전주지방법원 2015.09.22 2015고정691
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From April 4, 2013, the summary of the facts charged, the Defendant entered into a check contract in the name of the Nonghyup Bank branch and the Defendant, and has traded the check number.

On September 5, 2014, the Defendant issued one copy of the check number per bank in the name of the Defendant, which was named as “D” and “15,000,000,000” as the date of issuance of the check amount, at the (ju) office of the Defendant’s management (ju) office located in Yong-gu, U.S., U.S., as of the preceding week, and issued one copy of the check number per bank in the name of the Defendant, and the said check was presented to the said bank on December 15, 2014, which is within the time limit for presentment for payment, but did not receive the shortage of deposit.

2. The facts charged of this case are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and where a person who issues or prepares a check pursuant to Article 2(4) of the Illegal Check Control Act collects the check, the prosecution cannot be instituted. According to the records, the fact that the defendant recovered the check after the public prosecution of this case is instituted can be acknowledged. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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