Whether Article 2(2) of the Illegal Check Control Act shall apply to the case where the holder has presented a date check against the special agreement and before the date of its issuance.

Where a holder of a pre-date check presents it before the arrival of the date of issuance contrary to a special agreement, it shall be regarded as an illegal check under the Regulation of Default Check Act if it is not paid as a shortage

Article 2 of the Illegal Check Control Act

Defendant

Daejeon District Court Decision 73No329 delivered on November 21, 1973

The appeal is dismissed.

We examine the Defendant’s grounds of appeal.

In a case where a holder of a pre-date check presents it for payment prior to the arrival date of the check against a special agreement, such check shall be deemed to be an illegal check under the Control of Illegal Check Act if it is not paid due to the shortage of deposit (see Supreme Court Decision 67Do117, May 2, 1967) and three copies of the check, 24, 25, and 26 of serial numbers (see the attached list of the first instance judgment), which are presented for payment after the lapse of 10 days from the date of issuance of the check, shall be deemed to be a check issued after the non-transaction status according to the evidence cited by the court below.

Therefore, this appeal is dismissed in accordance with Article 390 of the Criminal Procedure Act.

This decision is consistent with the opinions of the involved judges.

Justices Han-jin (Presiding Justice)