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(영문) 의정부지방법원 2017.02.09 2016고정2543
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant opened the Bank of Korea Kimpo-ro and the political party account at the Bank of Korea Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and traded checks.

On January 15, 2016, the Defendant issued one check number D, and one check number 23.5 million won at the face value on May 21, 2016, at the office of the Co., Ltd., Ltd. located in Youngpo-gu Seoul, Young-gu, Seoul, as the price for the goods.

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

2. The facts charged in the instant case are the crimes falling under Article 2(2) and Article 2(1) of the Illegal Check Control 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. Since the Defendant recovered the check after the indictment in the instant case, the prosecution in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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