The prosecution of this case is dismissed.

1. From March 18, 1994, the Defendant entered into a contract with a branch office of the New Bank of Gangnam-gu Seoul, Seoul, the New Bank of Korea with a branch office of the New Bank of Korea, and traded household checks:

A. From June 2015, at C restaurant operated by the Defendant in Gangnam-gu Seoul, the date of issuance on April 25, 2016; and one copy of a household check consisting of D/C and par value 2 million. On April 25, 2016, the holder of the said check presented the payment of the said check to the above bank on April 25, 2016, which was within the time limit for presentment for payment; however, the said bank did not pay the check as the termination of the contract;

B. On January 25, 2016, at the above C restaurant, one copy of the household check which was issued on May 10, 2016, E number E, and face value of five million won was issued. On May 10, 2016, the holder of the check presented the payment of the said check to the above bank on May 10, 2016, but did not pay for the cancellation of the check.

2. The facts charged in the instant case are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and even if the person who issued or prepared a check pursuant to Article 2(4) of the same Act collects or fails to collect the check, a public prosecution may not be instituted against the explicit intent of the check holder. The Defendant collected a provisional coefficient list, which is the “ check No. E” as stated in Article 2(2) of the facts charged after the prosecution of the instant case, and expressed the intention of G’s representative director who is the holder of the check, expressed that he would not be punished against the Defendant on June 9, 2016. The prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.