The case that reversed the judgment of the court below on the collection check pursuant to Article 2 (4) of the Illegal Check Control Act, which was enforced immediately before the sentence of the court below.

The case that reversed the judgment of the court below on the collection check pursuant to Article 2 (4) of the Illegal Check Control Act, which was enforced immediately before the sentence of the court below.

Article 2 (4) of the Illegal Check Control Act

A

Defendant

Seoul Criminal Court Decision 93No5726 delivered on December 14, 1993

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Criminal Court.

Judgment ex officio is made.

The judgment of the court below on the ground of appeal is examined as follows. Article 2 (4) of the Illegal Check Control Act (Act No. 4587) which was newly established on December 10, 1993 and enforced on the date of the decision of the court below prior to the decision of the court below, provides that even if the person who issued or prepared the check collects the check or fails to collect the check, the check may not be prosecuted against the express intention of the holder of the check. According to the records, two copies (the check number B and C issued on March 30, 1992) among four copies of the check of this case where the defendant did not receive the check after the issuance of the check are found to have been recovered before the prosecution is made. Thus, the court below's judgment that found the defendant guilty of violation of the Illegal Check Control Act with respect to each of the recovered checks cannot be affirmed, and since the court below was recovered and dismissed and the judgment below did not dismiss the entire violation of the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Chang-tae (Presiding Justice)