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(영문) 대법원 1983. 10. 25. 선고 83도2202 판결

[부정수표단속법위반][공1983.12.15.(718),1790]

Main Issues

Payment of the amount of a check after default and the criminal liability of the issuer

Summary of Judgment

As long as a check issued by the defendant is not paid on the date of presentation due to shortage of deposit, even if the defendant paid the amount of the check later, he cannot be exempted from criminal liability of the drawer of the illegal check.

[Reference Provisions]

Article 2 of the Illegal Check Control Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Busan District Court Decision 83No954 delivered on July 15, 1983

Text

The appeal is dismissed.

Reasons

We examine the Defendant’s grounds of appeal.

As long as the check of this case issued by the defendant is not paid on the date of presentation due to the shortage of deposit, even if the defendant paid the amount of the check thereafter, he cannot be exempted from criminal liability of the issuer of the illegal check, and in the case of which a fine is imposed, unreasonable sentencing cannot be considered as a legitimate ground of appeal. Therefore, we cannot accept or issue

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)