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(영문) 서울중앙지방법원 2015.01.29 2014고단8659
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

From August 10, 2006, the summary of the facts charged, the Defendant entered into a check contract in the name of the superior branch of the Nonghyup Bank and the Defendant, and entered into a check contract in the name of the Defendant.

On April 2014, the Defendant issued one check number (E), check amount (3,00,000,000), and issuance date (5, May 25, 2014, 2014) under the name of the Defendant at the company’s office “D” office operated by the Defendant in Seoul Southern-gu Seoul Metropolitan Government C building 303.

On May 26, 2014, the Defendant had not paid the shortage of deposit even though the check was presented to the above bank on May 26, 2014.

Judgment

The facts charged of this case are those falling under Article 2 (2) and (1) of the Illegal Check Control Act, and where a person who issues or prepares a check under Article 2 (4) of the same Act collects the check or fails to collect it, a public prosecution cannot be instituted against the explicit intent of the holder of the check.

According to the trial records of this case, since it is recognized that the defendant collected the above check after the prosecution of this case was instituted, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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