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(영문) 서울남부지방법원 2013.10.22 2013고정2960
부정수표단속법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From around 1998, the summary of the facts charged, the Defendant entered into a check contract with a new branch of the National Bank and the Defendant under the name of the Defendant, and traded the check number.

On January 25, 2013, the Defendant issued a check number D, check amount “D”, “10,000,000 won”, and the date of issuance “5 May 25, 2013” in the office of “C” in the Defendant’s operation in Yangcheon-gu Seoul, Yangcheon-gu, Seoul.

On January 30, 2013, the Defendant continued to issue one check number “E”, “10,000,000”, and one check number per bank under the name of the Defendant, which was named as “E”, “10,000,000” and “date of issuance, May 30, 2013.”

However, the defendant did not pay the above two checks presented by the holder within the period of presentment for payment, respectively, in the absence of deposits.

2. The facts charged in the instant case are the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act that fall under Article 2(3) of the same Act, and where a person who issued a check pursuant to paragraph (3) of the same Article collects the check, the prosecution cannot be instituted. According to the records, it is recognized that the above check was recovered after the prosecution was instituted by the Defendant. Thus, the prosecution of the instant case is dismissed pursuant

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