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(영문) 서울서부지방법원 2018.08.08 2018고단1540
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was on August 12, 2016, the Defendant opened a current account with the Bank of Korea U.S. U.S. U.S. branches and current accounts, and traded checks.

On January 15, 2018, the Defendant issued one copy of the household check to E in charge as the price for goods at the office of the Defendant’s operation located in Yongsan-gu, Yongsan-gu, Yongsan-gu, U.S. on the basis of face value, D’s check number, issue date, and May 10, 2018.

However, on March 5, 2018, the Defendant decided not to pay the shortage of deposit even if the holder of the check presented the payment to the above bank within the period for presentation.

In addition, from January 25, 2018, the Defendant issued a total of KRW 33 million, as shown in the list of crimes in attached Form 11 times until January 25, 2018, and did not pay the shortage of deposits.

2. The facts charged in the instant case are the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and even if the person who issued the check pursuant to Article 2(4) of the same Act collects or fails to collect the check, a public prosecution cannot be instituted against the explicit intent of the holder of the check. According to the records, the Defendant can recognize the fact that all the check was recovered after the public prosecution of the instant case was instituted. Thus, the public prosecution of the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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