A. On October 2, 2015, around October 2, 2015, the Defendant issued one copy of the check under the name of the said bank under the name of “B” corporation in the name of Kimpo-si, Kimpo-si, the Defendant, at the B office of the Defendant’s management of Kimpo-si, a check number, D, the check amount, the check amount, the 30,600,000, the 30,000, the 30,000, and the issue date.

On January 5, 2016, the Defendant, at the time of presentation, did not receive a disposition of suspension of transaction, even though the said check was presented to the office of non-Ung-gun branch of the NongHyup Bank.

B. On December 28, 2015, around November 3, 2015, the Defendant issued a check number “E”, the check amount “Won 50,000,000”, and the date of issuance “B” under the name of the Defendant, a copy of the check of the said bank under the name of the Plaintiff Company B, which was located in Kimpo-si, Kimpo-si, Kimpo-si.

On January 7, 2015, the Defendant, at the time of presentation, failed to pay as a disposition of suspension of transaction even though the said check was presented to the hill branch of the foreign exchange bank.

2. The facts charged in the instant case are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and even if a person who issued a check pursuant to Article 2(4) of the same Act collects or fails to collect the check, a public prosecution cannot be instituted against the explicit intent of the holder of the check even if he/she did not do so. According to the records, it is recognized that the Defendant was present on April 28, 2016 at the date of the first public trial of the instant case and collected all the check. Thus, the prosecution of the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.