Each of the instant public prosecution against the Defendants is dismissed.

The summary of the facts charged in this case is that Defendant A is the actual operator of Company D, and Defendant B is the representative director of Company D.

From November 8, 2011, Defendants entered into a check contract with the agricultural cooperative branch from the name of the NA Co., Ltd. and have traded the number of shares.

From January 30, 2012, the Defendants issued one copy of the check number “F”, “10,000,000 won”, “10,000 won”, and “30, 2012.” After the check holder presented the check number to the above bank on March 30, 2012, which is within the period for the presentation of payment, the check holder failed to receive the suspension of transaction.

The Defendants conspired to do so and issued 8 copies of the check amount per 145,500,000 won in total as shown in the attached list of crimes, and presented payment during the lawful period of presentation for payment, but the holders did not pay it due to the shortage of deposit or the suspension of transaction.

Judgment

This case is an offense falling under Article 2(2) and (1) of the Illegal Check Control Act, and where the check is collected pursuant to Article 2(4) of the same Act, a public prosecution cannot be instituted. According to the records of this case, since the fact that the defendants recovered all eight copies of the above check number after the prosecution of this case, the public prosecution of this case against the defendants is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.