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(영문) 인천지방법원 2016.02.11 2015고단3845
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant, as the representative director of C, entered into a check contract with the company from February 23, 1998 under the name of the company’s name and the same company.

On July 21, 2014, the Defendant borrowed KRW 150,000,00 from “Seo Chang Pethyl Co., Ltd.”, and granted the supplementary authority to use the blank amount within the limit of KRW 759,580,562 to cover KRW 609,580,562 with respect to the above loan debt and the Defendant’s debt of KRW 609,580,562 separately operated by the Defendant. As for the check of corporate bank under the name of “C” (E) in blank, the issue date and face value of the check were issued and delivered in blank, and “In the event of failure to repay KRW 150,00,000 out of the above debt by August 14, 2014, the Defendant granted the supplementary authority to supplement the blank amount within the limit of KRW 759,580,562.

Then, the aforementioned “Geo Chang ethyl” stated “745,362,615” in the face value column at the end of August 14, 2014, and stated “745,362,615” in the issue date column, and duly supplement it, such as stating “31 December 31, 2014” in the issue date column, and then lawfully presented payment as of January 5, 2015, which is the date for presentation of payment, but did not receive payment as suspension of transaction.

Judgment

A. On January 28, 2016, after the institution of this case was indicted, the check is withdrawn on January 28, 2016

(b) Dismissal of a public prosecution: Article 2(4) of the Illegal Check Control Act; Article 327 subparag. 6 of the Criminal Procedure Act;

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