The prosecution of this case is dismissed.

1. The facts charged against Defendant B, in collusion with Defendant A, who is a shareholder and representative director of the said company, as the actual operator of the said company, entered into a check contract with the Busan Bank on December 27, 2007 and entered into a check transaction under the name of the said company.

A. On July 28, 2015, the Defendants issued a check number D, face value 200 million won, and a copy of the check number D, face value 200 million won on September 30, 2015 at the offices of the above companies located in Busan Dong-gu, Busan, and the third floor, and presented a payment on September 30, 2015, which is within the payment date by the holders, but did not pay for the shortage of deposits.

B. From July 28, 2015, Defendants related to the F Check No. F issued a check number F, face value KRW 100 million, and issuance date on October 24, 2015 at the same place as indicated in paragraph (1), and presented a check number F, face value KRW 100,000,000, and presented a one copy of the check number per the check number of the said bank on October 26, 2015, which is the date on which the payment is to be made by the holder, but did not receive the check as a

C. On July 28, 2015, Defendants related to the check number G issued one copy of check number G, face value KRW 100 million, issue date, and the check number G check number G at the same place as indicated in paragraph (1), and presented payment on November 20, 2015, which is within the payment date, by the holder, on November 20, 2015, at the same time and place as indicated in paragraph (1).

2. The facts charged in the instant case are the crimes falling under Articles 3(1), 2(2) and (1) of the Control of Illegal Check Act, where the persons who issued or prepared a check under Article 2(4) of the same Act collect or failed to collect the check, and thus, cannot be prosecuted against the explicit intent of the holder of the check.

The term "the holder who is entitled to express his/her intention not to punish" under Article 2 (4) of the Illegal Check Control Act refers to the holder of a check at the time of expressing such intention, and the check is recovered to the electronic person after the refusal of payment and the electronic person actually holds it.