Main Issues

When a person who issues or prepares an illegal check has committed a crime;

Summary of Judgment

The crime of a person who issued or prepared an illegal check is established at the time of issuance in recognition and issuance of the reasons under each subparagraph of Article 2 of the former Control of Illegal Check Act (Act No. 645 of July 3, 61), and thus, it is determined whether it was exempted under the general amnesty order based on the time.

[Reference Provisions]

Article 2 (1) of the Illegal Check Control Act

Defendant-Appellant

A

Judgment of the lower court

Jeonju District Court Decision 64No222 delivered on March 16, 1965, Jeonju District Court Decision 64No22 delivered on March 16, 1965

Text

The original judgment is reversed, and the case is remanded to the Jeonju District Court Panel Division.

Reasons

On March 10, 1963, when the defendant had opened and traded with the former branch of the Bank of Korea from around 19, 1961 to the defendant, the defendant issued an illegal check by issuing one check with the number of 500,000 won per annum from the former branch of the Bank of Korea and with the former branch of the Bank of Korea from around 1961 to March 10, 1963. Since the defendant issued one check with the former branch of B from the former branch of the Bank of Korea to the latter branch of the Bank of Korea, the crime of the person who issued or prepared the illegal check as referred to in Article 2 (1) of the Illegal Check Control Act can be interpreted to be established at the time of issuance of the check, the judgment of the court below (see, e.g., Supreme Court Decision 64Do6969, Feb. 23, 1965; Supreme Court Decision 2006Do1364, Apr. 16, 2008).