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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged was from August 25, 2006, the Defendant opened the B Bank's Roym Gao branch and the current account, and issued checks.
On June 19, 2018, the Defendant issued a check number “E”, check amount “5,00,000,000”, and the date of issuance “12 January 12, 2019” in the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City C apartment D.
On January 14, 2019, the Defendant issued the provisional coefficient of KRW 25,00,000 in total on five occasions, as shown in the attached crime list, from the time on February 22, 2019, the check was not to be paid as a disposition of suspension of transaction, even though the check was presented to the above bank on January 14, 2019, which was within the period for presentation of payment, from the time when the check was not paid as a disposition of suspension of transaction.
2. We examine the judgment. This is a crime falling under Article 2 (2) and (1) of the Illegal Check Control Act, which cannot be prosecuted if the check issuer collects the check in accordance with Article 2 (4) of the same Act. The records show that the defendant recovered the check after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.