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(영문) 서울중앙지방법원 2016.11.24 2016고정1940
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On March 18, 1994, the summary of the facts charged, the Defendant concluded a check contract with a branch office of the Korea Bank New Finance Center under the name of the Defendant and traded checks.

On December 20, 2015, the Defendant issued one copy of the check number C, par value 2.7 million won, and the check number 2.7 million won on March 26, 2016 under the name of the Defendant at the above-mentioned store operated by the Defendant in the Namyang-si, Gyeonggi-do.

On March 28, 2016, the holder of the check presented the check payment to the bank on March 28, 2016.

However, the Defendant issued Chapter 8 of the above bank's number of shares as shown in the attached list of crimes, including the fact that the check was not paid due to the shortage of deposits, and the check was presented within the payment presentation period, but the check was not paid as a result of the shortage of deposits or the suspension of transactions.

2. The facts charged of this case are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, where the person who issued or prepared a check pursuant to Article 2(4) of the same Act collects or fails to collect the check, and even if the check was not recovered, it cannot be prosecuted against the explicit intent of the check holder. The defendant does not want to recover the check after the prosecution of this case or the check holder's punishment. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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