In case where a default check has been issued by gathering the name of the representative director which the officer or employee of a company has resigned, he shall be liable for the crime of the resigned representative director.

Since a criminal negligence under Article 2 (3) of the Illegal Check Control Act is established when a person who publishes or prepares a check does not anticipate that the check is refused due to a shortage of deposit, etc., due to negligence, the subject is the person himself/herself who has issued or prepared the check, and even if the representative director who retires does not take all measures to prevent the issuance of the check in his/her name, the person shall not be held liable to issue the check to the retired representative director even if the number of the representative director who retired from his/her office has issued

Article 2 of the Illegal Check Control Act

Defendant

Prosecutor

Attorney Park Jong-chul

Seoul Criminal Court Decision 83No2306 delivered on June 30, 1983

The appeal is dismissed.

We examine the grounds of appeal.

If an officer or employee of a stock company issues a check with his name and seal affixed thereon without cancelling the contract for current account transaction in the name of the retired representative director, the crime of forging securities or the violation of Article 2 (2) of the Control of Illegal Check Control Act (the time when the check is rejected due to the shortage of deposit, etc.) is established, and the liability to issue the check to the retired representative director is not possible.

The criminal negligence under Article 2 (3) of the Illegal Check Control Act is the person who directly issues or prepares a check under paragraph (2) of the same Article, and the person who issues or prepares a check does not anticipate that the check can not be paid on the date for presentation due to the suspension of transactions or cancellation or termination of the check contract due to negligence, this crime is established. Therefore, the decision of the court below that acquitted the defendant on the same purport is just and there is no error in the misapprehension of legal principles.

If the defendant resigned from the representative director of the non-party commercial alcoholic beverage sales company, the defendant is obliged to recover his name tag from his name so that he may not issue his name tag and take all measures to terminate the check account transaction agreement with his bank. If the check of this case is issued or prepared by neglecting such duty of care, then the crime of Article 2 (3) of the Illegal Check Control Act is established. However, the crime of this case is only an independent opinion of the purport that the person who issued or prepared the check is the principal.

Therefore, the appeal is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)