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The prosecution of this case is dismissed.
Reasons
1. The indictment against the defendant, a representative director, stated in the indictment that the defendant signed a check contract under the name of the defendant and issued a check under the name of the defendant. However, it is evident that the defendant, in the records, committed the above act as the representative director of the corporation D. Thus, the above entry seems to be erroneous
Since January 29, 2008, Korea has concluded a check contract with the entire farming Dong branch of the Korean bank from January 29, 2008, and has traded the check number.
On September 27, 2011, the Defendant issued a check number “F”, “F”, “300,000,000 won at the first floor of Dongdaemun-gu Seoul EFD,” and “date of issuance” (the first date of issuance was indicated as December 27, 201 but was corrected as March 37, 2012; the last date was corrected as March 27, 2012; and the second date was corrected as June 27, 2012) under the above company’s name, one copy of the check number per bank, which is the holder of the check, issued the check number on June 27, 201, when the payment was to be made, but the future partner loan, which is the holder of the check, issued the check number at the above bank on June 27, 2012, when the payment was made, did not receive the deposit shortage.
2. The facts charged in the instant case are crimes falling under Articles 2(2), 2(1), and 3 of the Illegal Check Control Act, and cannot be prosecuted against the intent expressed by the holder of the check pursuant to Article 2(4) of the same Act. Since future partnership loans, a holder of the said check, expressed his/her intention not to punish the Defendant on May 29, 2013, which is the date of the instant indictment, the instant indictment was dismissed pursuant to Article 327(6) of the Criminal Procedure Act.