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(영문) 광주지방법원 2013.04.17 2013고정381
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the instant facts charged is as follows.

The Defendant had opened a check account and made check transactions from October 28, 2004 in the name of the Gwangju Bank Yang-dong Branch and the Defendant. ① around July 20, 2012, the check number B, the date of issuance on Nov. 30, 2012, the check number B, the date of issuance on Nov. 30, 2012, the Defendant issued a check number 5,000,000, and presented the check number 1 to the above bank within the period of payment presentation, but the check number C, the date of issuance on Dec. 30, 2012, and the check number C, the face value 5,00,000,000, were not paid as suspension of transaction, and each of the facts charged in the instant case cannot be prosecuted pursuant to Article 2(1) of the Control Act.

However, according to the investigation report (whether or not to recover the check), it is reasonable to view that the defendant recovered the check after the institution of the prosecution, since the defendant is recognized as not being able to recover the check of each unit before the institution of the prosecution in this case, but the defendant presented the check of each unit in this court.

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

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