Main Issues

Deposit of check amount after dishonor and criminal liability of the drawer

Summary of Judgment

If the check is issued and presented to the bank within the time limit for presentment, but it is not paid due to the shortage of deposits, even if the check was paid to the bank on the following day after the non-payment of the check, the criminal liability of the drawer of the check once is extinguished.

[Reference Provisions]

Article 2 of the Illegal Check Control Act

Reference Cases

Supreme Court Decision 83Do2202 Delivered on October 25, 1983

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Seoul Criminal Court Decision 88No1570 delivered on June 24, 1988

Text

The appeal is dismissed.

Reasons

According to the reasoning of the judgment below, the court below held that even if the defendant issued a check of KRW 179,734,880 on August 31, 1987 and presented it to the bank during the period for presentation, but recognized that it was not paid as a shortage of deposit and imposed a fine of KRW 2 million on the defendant, even if the defendant paid the check to the bank on the day following the refusal of payment, he cannot be held liable for criminal liability of the defendant once it is extinguished (see Supreme Court Decision 83Do202 delivered on October 25, 1983).