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Each public prosecution of this case is dismissed.
Reasons
1. The facts charged [2014cc. 31] The Defendant entered into a check contract with the Sungnam branch of the Korea Standards Bank and the Defendant from January 7, 1998, and traded household checks.
From May to June, 2013, the Defendant issued five copies of the household check equivalent to KRW 25,00,000 at the above location, including the issuance of one copy of the bank check in the name of the Defendant, which was based on the check number D, check amount “D”, “5,00,000,00”, and date of issuance “ September 16, 2013” at the office of “C” operated by the Defendant in Gwangju-si, Gwangju-si, as indicated in the list of crimes in the attached Form.
The Defendant failed to pay the said check to the above bank within the period of presentment for payment, even though the said check was presented for payment respectively.
[2014Gohap768] On January 7, 1998, the Defendant issued one copy of the household check under the Defendant’s name, “E” on July 30, 2013, the issue date of which is “5,000,000 won”, and presented a payment proposal within the time limit for presentment for payment, but did not receive due to the suspension of transaction.
2. Each of the facts charged in this case is an offense falling under Article 2 (2) of the Illegal Check Control Act, and where the issuer of a check collects all the check under Article 2 (4) of the same Act, the criminal cannot be prosecuted. According to the records, since the defendant is recognized to have recovered all the check after instituting the prosecution of this case, each of the facts charged in this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.