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The prosecution of this case is dismissed.
Reasons
1. On June 19, 2018, the summary of the charge was issued by the Defendant on November 24, 2018, in the Defendant’s house located in Incheon, a check number C and a face value of five million won, and on November 24, 2018, one check issued in the Defendant’s name, the bank at the place of payment, as well as a one check issued in the name of the Defendant, as shown in the attached list of crimes.
However, as shown in the attached list of crimes, the Defendant did not pay three copies of the above issuance checks presented by the holder within the time limit for payment, such as the shortage of deposits.
2. The facts charged in the instant case are crimes falling under Article 2(2) of the Illegal Check Control Act, and the person who issues or prepares a check pursuant to paragraph (4) of the same Article collects the check or fails to collect it, a public prosecution cannot be instituted against the explicit intent of the holder of the check.
According to the records, it can be recognized that a written agreement in which the defendant filed the instant indictment on May 9, 2019, stating that D and E, the check holder, expressed his/her intention not to prosecute, was submitted. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.