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(영문) 대구지방법원 2013.07.10 2013고정772
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant entered into a contract for the establishment of a check with the Dong-dong branch of the Nonghyup Bank from April 8, 1998 and entered into a check transaction.

On July 14, 2012, the Defendant issued one copy of the bank check in the name of the Defendant on November 15, 2012 to E of the Defendant’s customer of the Defendant at the above office of “C” operated by the Defendant, which is the Defendant’s transaction partner.

On November 15, 2012, when the check was presented to the above bank on November 15, 2012, the period during which the check was presented, but it was not paid due to the shortage of deposit, and the sum amounting to KRW 45,00,000, as shown in the separate sheet of crime, the check was presented to the above bank within the period during which the check was presented for payment, but the check was not paid due to the shortage of deposit.

2. According to Article 2(2) and (1) of the Illegal Check Control Act, where a person who issues or prepares a check receives the check pursuant to Article 2(4) of the same Act and collects the check, the facts charged in the instant case cannot be prosecuted.

However, according to the records, since the above checks are recognized to have been recovered after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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