On July 20, 2017, the Defendant entered into a check contract with D Bank under the name of D Bank C, and traded the check of shares.

On August 29, 2018, the Defendant issued one copy of the check number “H”, “50,000,000 won”, “C’s number per unit of D Bank,” which is named as “C’s name,” in order to secure the obligation to borrow a loan from the F located in Yongsan-gu, Young-gu, Busan-gu, U.S., and the date of issuance, and subsequently, issued one copy of the D Bank’s number of units under the name of D Bank C, which is named as “ October 12, 2018,” and the said check was presented for payment to the I Bank’s offset branch on October 12, 2018, but was not paid due to

2. Determination

(a) Applicable provisions of Acts: Article 2 (2) and (1) of the Illegal Check Control Act;

(b) Crimes of non-compliance with an intention: Article 2 (4) of the Control of Illegal Check Control Act;

(c) Recall of checks after prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;