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(영문) 광주지방법원 2015.09.25 2015고단1196
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

On June 23, 1986, the defendant had entered into a check contract with the NongHyng Bank branch on June 23, 1986, and has traded a check number.

On February 23, 2014, the Defendant issued a check number C, par value “40,000,000,” and issuance date “40,000,000” at a certified judicial scrivener office located in Gwangju-dong-gu, Gwangju-gu, and one copy of a check number per bank in the name of the Defendant, which is named “4,25, 2014.”

2. On July 26, 2014, the date of issuance changed to “10,00,000 won” and “7.26,” and then the date of issuance of the said check changed to “as of July 26, 2014,” and thereafter, the D, the holder of the said check, presented a payment proposal within the period for presentment of payment, but did not receive payment due to suspension of transaction.

However, the facts charged in the instant case fall under Article 2(2) and (1) of the Illegal Check Control Act, and thus, public prosecution cannot be instituted against the intent expressed by the victim under Article 2(4) of the same Act.

However, according to the records, it can be recognized that the victim has withdrawn his/her wish to punish the defendant on September 18, 2015. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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