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(영문) 의정부지방법원 고양지원 2013.07.12 2013고정961
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From October 26, 1999, the Defendant entered into a check contract in the name of the station branch of the National Bank and the limited company in which the Defendant is a representative member and entered into a check contract in the name of the company B.

A. On August 8, 2012, the Defendant issued one check number D, par value of KRW 10,000,000, and one check number per share in the name of the said limited liability company B, which is January 8, 2013, at the Defendant’s office located in Gyeyang-gu Seoul Metropolitan Government C.

The check was presented on January 8, 2013, when the check was presented for payment.

However, the defendant did not receive the suspension of transaction.

B. On September 20, 2012, the Defendant issued one check number E, par value of KRW 15,00,000, and one check number per share in the name of the said limited liability company B, which is January 10, 2013, at the Defendant’s office located in Gyeyang-gu, Gyeyang-gu, Young-gu.

On January 10, 2013, the holder of the check presented a payment proposal for the check.

However, the defendant did not receive the suspension of transaction.

2. The judgment was based on the case where the person who issued the check in accordance with Article 2(2) and (3) of the Illegal Check Control Act collects the check, which is an offense falling under Article 2(2) and (1) of the same Act.

However, according to the trial and records of this case, it can be recognized that the defendant recovered the above check around June 21, 2013, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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