The violation of the Illegal Check Control Act against Check Number C is not guilty. D and E are check numbers.

The acquittal portion

1. Around June 12, 2013, the Defendant issued a copy of the check number “C”, “150,000,000 won”, and the issue date “1 December 31, 2014” in the name of the Bank in the name of the Bank in the name of the Bank in the middle-gu, Daegu-gu Office of the Bank in charge of the settlement of accounts.

On August 9, 2013, the holder of the check presented the check payment system within the time limit for presentment for payment.

However, the defendant did not receive the suspension of transaction.

2. According to the evidence duly adopted and examined by this court, the KG has received a decision from the Daegu District Court on August 9, 2013 to dispose of the company's property preservation disposition under the Debtor Rehabilitation and Bankruptcy Act, and the holder of the instant check presented payment on the same day, and the bank, which received the presentation of payment, refused payment on the grounds of non-transaction.

However, in cases where a disposition to preserve the company's property is taken pursuant to the Debtor Rehabilitation and Bankruptcy Act, the bank which received the presentation for payment of the check shall, as a matter of course, refuse payment on the ground of a preservative measure without any existence of a deposit or non-payment in accordance with the legal principles that prohibit repayment by virtue of the validity of the preservative measure, and the bank refused payment on the check of a novel for

Even if the refusal of payment is based on the restriction on payment under the Debtor Rehabilitation and Bankruptcy Act, the issuing act of the check does not constitute a crime of violation of Article 2(2) of the Control of Illegal Check Act (see Supreme Court Decision 90Do1317, Aug. 14, 1990). Therefore, this part of the facts charged falls under a case where the defendant's case does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

Public Prosecution Rejection Parts

1. Summary of the facts charged

A. On June 2013, the Defendant’s check number “E”, check amount “50,000,000”, and issue date “E” on August 2013, 2013 at the I’s office located in Daegu-gu, Daegu-gu.