On August 13, 2013, the Defendant issued a check number “C”, face value of five million won, and date of issuance to B on October 18, 2013, the Defendant issued a one copy of the above household check under the Defendant’s name on August 18, 2013, which was the date of presentment for payment, but did not pay for the shortage of deposit, even though the check was presented on October 18, 2013 during the period of presentment for payment, the Defendant issued a provisional coefficient sheet of KRW 11 million in total for three face value of the household check, as shown in the separate crime list, and presented it to the bearer within the period of presentment for payment, but did not pay for the shortage of deposit.

2. The facts charged of this case are crimes falling under Article 2 (2) and (1) of the Illegal Check Control Act and where a person who has issued or prepared a check pursuant to Article 2 (4) of the Illegal Check Control Act collects the check, and it can not be prosecuted. According to the records, it can be acknowledged that the defendant recovered all the above check after the prosecution of this case was instituted. Thus, the prosecution of this case against the defendant is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.