Payment of the amount of a check after default and the criminal liability of the issuer

As long as a check issued by the defendant is not paid on the date of presentation due to shortage of deposit, even if the defendant paid the amount of the check later, he cannot be exempted from criminal liability of the drawer of the illegal check.

Article 2 of the Illegal Check Control Act

Defendant

Defendant

Busan District Court Decision 83No954 delivered on July 15, 1983

The appeal is dismissed.

We examine the Defendant’s grounds of appeal.

As long as the check of this case issued by the defendant is not paid on the date of presentation due to the shortage of deposit, even if the defendant paid the amount of the check thereafter, he cannot be exempted from criminal liability of the issuer of the illegal check, and in the case of which a fine is imposed, unreasonable sentencing cannot be considered as a legitimate ground of appeal. Therefore, we cannot accept or issue

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)