The judgment of the court below is reversed.

The defendant shall be innocent.

The punishment sentenced by the court below (2 million won) is too unreasonable.

The Defendant entered into a check contract with the Bank Peace Branch on April 27, 2005 and traded household checks.

around March 31, 2019, the Defendant issued two copies of the bank household checks in the name of the Defendant, including “D” in Dongdaemun-gu Seoul, “E”, “five million won per face value”, “date of issuance”, “F”, “F”, “date of issuance”, and “date of issuance”, and presented two copies of the bank household checks in the name of the Defendant on December 12, 2019 during the period of presentation for payment by the holder, but failed to pay them on the date of presentation due to the disposition of transaction suspension.

The lower court found the Defendant guilty of all the facts charged of this case.

We examine ex officio the judgment of the court.

Article 2(2) of the Illegal Check Control Act provides that where a person who issues or prepares a check fails to pay it on the date for presentation due to shortage of deposits, suspension of transactions, or cancellation or termination of the check contract after issuing the check, the date for presentation under Article 2(3) of the Enforcement Decree of the Illegal Check Control Act shall be the date on which the check is presented pursuant to Article 2(2) of the Check Control Act and the date on which the check is presented for payment to financial institutions within the period for presentation pursuant to Article 28(2) of the Check Act and Article 2(2) of the same Act, the illegal check under Article 2(2) of the Illegal Check Control Act requires that the check is presented within the period for presentation as stipulated in the Check Act, and otherwise, if it is not so, the requirement of Article 2(2) of the Illegal Check Control Act is not satisfied (see, e.g., Supreme Court Decision 2003Do3099, Sept. 5, 203; 209Do3094.).