Of the facts charged in the instant case, the charge of fraud shall be acquitted, respectively. This judgment shall be acquitted.

1. The Defendant, who operated a food wholesaler in the name of “D” in the Seogu-gu, Daegu-gu, Inc. on August 16, 1994, concluded a check under the name of the Defendant and issued a check number. On December 16, 2015, the Defendant issued a check number “G”, “50,000,000,” and the date of issuance “3.28, 2016.” The Defendant issued one copy of the check number per bank in the name of the Defendant under the name of “G”, “G”, “50,000,000,” and issued one copy of the check number per bank in the name of the Defendant, “in March 25, 2016, for which the holder of the said check was presented to pay the check on March 25, 2016, but the check was not paid due to a disposition of suspension of transaction.

In addition, from around that time to February 2, 2016, the Defendant issued five copies of the check amount equivalent to KRW 230,000,000 in total, as shown in the attached list of crimes, and proposed payment within the period for which each holder presented payment, but the Defendant did not receive payment due to the suspension of transaction.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the facts constituting an offense;

1. As to the defense counsel’s assertion under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the defense counsel’s assertion that the instant check was not paid, the Defendant could not have predicted that the check would not be paid due to the Defendant’s failure to pay the check due to the following reasons: therefore, the Defendant did not have intention.

The violation of Article 2 (2) of the Illegal Check Control Act is established when the issuer issues checks despite the possibility of being aware of the occurrence of the occurrence of the failure to pay on the date of presentment due to the shortage of deposits, etc., and such recognition or prediction is sufficient intentionally, and there is no obligation to secure a considerable amount of deposits or current account for the payment of checks.