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(영문) 대구지방법원 포항지원 2016.05.24 2015고단962
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From May 17, 2012, the Defendant entered into a check contract in the name of the Nonghyup-gun Branch and the Defendant’s name as his representative, and traded the check.

On June 9, 2014, the Defendant issued a copy of the check number “C”, “C”, “45,00,000,000 of the check amount” at a point on the monthly distribution of the Daegu Bank located in 109, Daegu-gu, Daegu-gu, and then finally changed the date of issuance to June 9, 2015, when the issuance was made several times during the period for presentation.

In this regard, the Defendant presented the said check to the said bank on June 9, 2015, which was within the period for presentation of payment, but did not receive a disposition of suspension of transaction.

2. The determination and conclusion are the crimes falling under Article 2(2) and Article 2(1) of the Illegal Check Control Act, where a person who issued or prepared a check in accordance with Article 2(4) of the Illegal Check Control Act collects or fails to collect the check, and the case is not prosecuted against the explicit intent of the holder of the check.

According to the records, it is recognized that the defendant recovered the above check on May 24, 2016, which was after the prosecution of this case.

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

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