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(영문) 대전지방법원 2014.04.28 2012고단2067
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From January 20, 2009, the summary of the facts charged, the Defendant opened a current account at the point of view of the National Bank Holdings and issued a current account in the name of the Defendant of the D Company.

On October 24, 2011, the Defendant issued a check number 30 million won at the office of the company Jung-gu, Daejeon, Daejeon, a sum of 11 copies of a check, 385 million won in total, and did not receive as suspension of transaction, as shown in the attached Table of Crimes, and issued a check number 30 million won at the office of the company, and issued a one copy of the check number 18 February 18, 2012, and the date of issuance, and offered payment to the bank within the due date, but did not pay as suspension of transaction.

2. The judgment is a crime falling under Article 2(2) and (1) of the Illegal Check Control Act, and where a person who issued a check pursuant to Article 2(4) of the same Act collects the check or goes against the explicit intent of the holder of the check, a public prosecution cannot be instituted. According to each statement on the check number attached to the trial record, the disbursement confirmation of promissory notes, and the written application for no punishment, each of the above checks issued by the defendant can be recognized that the defendant was recovered or the last holder of the check does not want to be punished against the defendant. Thus, the public prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It

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