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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged in this case is as follows: (a) the Defendant operates music teaching material distribution business under the trade name “D” in Mapo-gu Seoul Metropolitan Government; and (b) concluded a check contract with the Defendant at the medium-sized branch of the Bank from April 21, 2000 and traded household checks.
around April 2014, the Defendant issued one check number E, face value 3,00,000, and one check under the name of the Defendant on July 16, 2014 at the above “D office” (hereinafter “D”), and issued the check on July 16, 2014, when the check holder presented a payment proposal within the payment proposal period, the check was not paid due to the shortage of deposit, and issued a check equivalent to KRW 16,00,000 in total and face value of the household check as shown in the attached Table (1). However, the check holder was presented to pay the check within the payment proposal period, but it was not paid due to the shortage of deposit or the suspension of transaction.
around May 2014, the Defendant issued one check number F, face value 3,00,000, and one check under the name of the Defendant on November 4, 2014 at the above “D office” (hereinafter “D”), and issued one check on November 4, 2014, when the holder of the check presented a payment proposal, but the check was not paid as a disposition of suspension of transaction. In the same way, the Defendant issued three copies of the household check, total face value 9,00,000, as shown in the attached Table (2), and issued a check within the period when payment was presented, but the check was not paid as a disposition of suspension of transaction.
2. Where the check is withdrawn or the check holder’s explicit intent is not indicted, the check shall not be withdrawn and the check shall not be withdrawn and the check shall not be charged against the explicit intent of the check holder: Article 2(4) and (2) of the Illegal Check Control Act; Article 2(1) of the Attached List of Crimes (1); Article 2(2) of the Attached List of Crimes (2).