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(영문) 서울남부지방법원 2020.01.17 2019고단3238
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant entered into a check contract with B Bank on February 23, 2016 and traded checks with the said Bank around that time.

around October 2018, the Defendant issued a check number E and a check number E in the office of distribution business of D food materials located in Yangcheon-gu Seoul Metropolitan Government, and issued on March 16, 2019 a check under the Defendant’s name with a face value of KRW 5,000,000,000 on March 16, 2019, when the check holder presented a payment proposal to the above bank on March 18, 2019, but did not receive a deposit shortage, as shown in the written indictment, the Defendant issued ten copies of the household check from around 10 to December 2018, and presented the bank respectively within the period of each payment proposal, but did not receive a deposit shortage, etc.

2. Determination

(a) Crimes of non-compliance with an intention: Article 2 (4) of the Control of Illegal Check Control Act;

(b) Recall of each check after prosecution;

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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