The prosecution of this case against the Defendants is dismissed.

1. The summary of the facts charged is the representative director under the name of Yangcheon-gu Seoul Metropolitan Government E (hereinafter “E”) and Defendant B is the actual management owner of E.

Defendant

A around April 29, 2016, at the point of the month from the KEB Hab Bank located in Ansan-si, A, around April 29, 2016, A, at the place of the month from the KEB Bank, the Defendant B received KRW 2 million from the Defendant B, and allowed the Defendant B to issue the check, indicating the Defendant A as the representative director, and the Defendant B opened the check account in the name of the E representative director.

Defendant

B around March 20, 2017, at the above E office, issued one check number F, “F on April 20, 2017,” “value 17,700,000,” and “E representative director A,” and presented the check number as the price for goods to the above bank on April 20, 2017, while G, the final holder of the check, presented the check number B, was unable to receive the amount of the check due to the cancellation of the check contract.

Ultimately, the Defendants conspired to issue the check as above, but failed to pay it on the date of presentation due to the shortage of deposits, the suspension of transactions, or the cancellation or termination of the check contract.

2. The facts charged in the instant case are the crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and even if the person who issued the check pursuant to Article 2(4) of the same Act did not collect or withdraw the check, the case cannot be prosecuted if the check holder’s explicit intent is against the check holder. Since Defendant B recovered the check on February 3, 2018, which was after the prosecution of the instant case was instituted, the prosecution of the instant case against the Defendants is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.