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All of the prosecutions of this case are dismissed.
Reasons
Punishment of the crime
On November 13, 2009, the Defendant entered into a check contract with the Seogro branch of Jeju Bank and entered into a check contract with the Jeju Bank, and entered into the check of the number of units.
1. On May 28, 2013, the Defendant issued a check number C, face value C, 10 million won at the Defendant’s home located in Seopopopoon B, and one copy of the check number per unit in the Defendant’s name as of August 30, 2013 on the date of issuance, and the holder presented a payment proposal to the Bank on August 30, 2013, which is within the period of payment proposal, but did not receive the payment as a transaction.
2. On June 13, 2013, the Defendant issued one check number D, face value 10 million won, and one check number per unit in the Defendant’s name as of September 13, 2013 on the date of issuance at the above Defendant’s home, and the bearer issued one copy of the check number per unit number in the Defendant’s name on September 13, 2013, which is within the period of presentment for payment, on September 13, 2013, but did not receive a disposition of suspension for transaction.
2. Each of the facts charged in the instant case is a crime falling under Article 2(2) and (1) of the Illegal Check Control Act, and where checks are recovered pursuant to Article 2(4) of the same Act, a public prosecution cannot be instituted. Since the Defendant collected all the above checks after the instant indictment, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.