Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 4, 2013, the defendant corporation, a representative director, entered into a check contract with the Seoul Central Bank of Korea on April 4, 2013, and has traded the check number.

On July 2014, the Defendant issued one check number “E”, par value “F,00,000,000,” and one check number per bank in the name of the above C, which is the date of issuance “F, 5 November 5, 2014,” at the office D office located in YY-gu, Busan Special Self-Governing Province, and issued one check number per bank in the name of the above C, which is “F, 15,000,000,” and the said check holder presented a proposal to pay the check on November 5, 2014, which is within the time limit for presentment for payment (hereinafter “1.6.”).

However, on October 1, 2014, the Defendant did not receive the disposition of suspension of transaction.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning facts constituting an offense and Article 2 (2) and (1) of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant is merely the representative director of the Co., Ltd. C (hereinafter “C”), and F, the actual operator of C, issued the check of this case. At the time of the issuance of the check of this case, the Defendant did not anticipate the possibility that the check will not be paid on the date when the check of this case was presented. Thus, the Defendant was acquitted.

2. Even if a representative director in the form of determination, who entered into a check contract with a bank, was not involved in the management of the company as the nominal lender, if it could have anticipated that the check would not be paid on the date of presentation in light of various circumstances, he/she cannot be exempted from liability for the violation of the Illegal Check Control Act following

(See Supreme Court Decision 2007Do1931, May 10, 2007). The following circumstances acknowledged by the evidence duly adopted and examined by this Court, i.e., F, this Court’s decision.