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(영문) 서울북부지방법원 2016.01.22 2014고단4044
부정수표단속법위반
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is that Defendant A actually operated Defendant B Co., Ltd. from around August 2013 to January 2014; Defendant B Co., Ltd. entered into a check contract with the former branch of the C&C branch from around December 17, 2012 and entered into a check contract with the latter branch of the Korea C&C branch from around December 17, 2012.

1. On September 2013, Defendant A prepared and issued a check number “D”, “10,000,000 won”, “10,000”, and “B” at the office of a stock company located in Geumcheon-gu Seoul Metropolitan Government building C, Geumcheon-gu, Seoul, as of November 30, 2013.

On December 10, 2013, when the check was presented by the holder of the check at issue, the payment period for the check was presented to the Korea Telecommunication, but the check was not paid as a disposition of transaction suspension, and the Defendant issued the check at that time to October 20, 2013 in total amount of KRW 80,640,000 from that time to October 20, 2013, but the check was not paid as a disposition of transaction suspension.

2. Defendant B Co., Ltd.: (a) issued four copies of the current check as above to the person who prepared the current check; and (b) did not receive the same as a disposition of suspension of transaction.

2. On the one hand, the charge against the Defendants is a case in which a person who has issued or prepared a check pursuant to Article 2(4) of the Illegal Check Control Act collects the check, and the Defendant A recovered each check on the list of crimes after the prosecution of this case, and thus, the prosecution against the Defendants is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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