[부정수표단속법위반피고사건][하집1987(4),646]
Whether an act of completing a blank check with the knowledge that it was forged by another person constitutes a violation of the Illegal Check Control Act (affirmative)
An act of completing a counterfeited check by entering an amount in the blank column and entering the date of issuance in the blank column for the purpose of holding the check by purchasing a counterfeited face value and a check with the blank of the date of issuance shall constitute a violation of the Illegal Check Control Act (Forgery of a check) which is separate from the act of forging a blank check.
Article 214 of the Criminal Code, Article 5 of the Illegal Check Control Act
[Plaintiff-Appellant] 82Do2938 decided Apr. 12, 1983 (Article 241 (15) of the Criminal Act, Article 263 of the Criminal Act, Article 241 (15) 263, Article 31 ② 68, Article 705
Defendant
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.
When the above fine is not paid, the defendant shall be confined in a workhouse for the period calculated by converting the amount of KRW 5,000 into one day.
However, for two years from the final judgment, the execution of the above imprisonment shall be suspended.
In order to order the provisional payment of an amount equivalent to the above fine.
The Defendant, even with the knowledge of the forgery of the number of issuance (number omitted), the paper ambaco branch of Seoul Trust Bank, the paper ambaco branch of the Seoul Trust Bank, the Seoul Special Metropolitan City, the issuer 2, the par value, and the number of each unit, which became the publishing date, issued by Nonindicted 1, the Defendant forged one sheet of the number of shares issued by Nonindicted 2, with the intention of using it with the knowledge of the forgery of the forgery. On March 1, 1987, at around 15:00, the first and last 15:00, which was issued by Nonindicted 1 as the debt repayment set out in the form of the check, the Defendant made the above multiple customers’ name and fine merchants, who knew of the forgery of the fact, to the extent that it can be seen as 3,50,000 won in the face value of the check and on the date of issuance.
The facts of the ruling shall:
1. Statement corresponding thereto in this court by the defendant;
1. Statement corresponding to the interrogation protocol of the accused prepared by the public prosecutor;
1. Each statement of Nonindicted 3’s written statement prepared by the prosecutor, which corresponds to this;
1. Since the facts of the judgment can be recognized in full view of the corresponding statements among the copies of the per share sheet, the facts of the judgment are proven.
Since the act falls under Article 5 of the Illegal Check Control Act, since the defendant is the first offender and the family owner, and there are extenuating circumstances such as the fact that he does not distribute the forged number of shares as stated in the judgment, the defendant shall be punished by imprisonment for up to August and a fine of up to 50,000 won under Article 53, Article 55 (1) 3 and 6 of the Criminal Act, and if the defendant does not pay the above fine, he shall be punished by imprisonment for a period of up to one day by converting 5,00 won under Articles 70 and 69 (2) of the same Act, and if the defendant does not pay the fine, he shall be detained in the workhouse for a period of up to 2 years from the date when the above judgment became final and conclusive pursuant to Article 62 (1) of the same Act, the execution of the above imprisonment shall be suspended, and a considerable amount of fine shall be ordered pursuant to Article 6 of the Illegal Check Control Act and Article 334 (1) of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.
Judges Yu Ho (Presiding Judge)