When the crime of violating the Illegal Check Control Act is established

The crime of violation of Article 2 (2) of the Illegal Check Control Act is established when the drawer issues the above check and the check is not established when the check holder presents a supplementary date and the check is refused to pay the check on the date of presentment.

Article 2 of the Illegal Check Control Act

Supreme Court Decision 65Do324 Decided September 27, 1966

Defendant

Attorney (Newn) Balle

Prosecutor

Busan District Court Decision 78No2121 delivered on September 12, 1978

The appeal is dismissed.

The Prosecutor's grounds of appeal are examined.

If the reasoning of the judgment of the court of first instance and that of the court below maintained combined with the reasoning of the judgment of the court below, the judgment of the court below is justified in holding that "the above crime in violation of Article 2 (2) of the Illegal Check Control Act was not paid on the date of presentation of the check around July 1958, while the defendant predicted that he will not pay on the date of presentation of the check around October 20, 1970, when he issued the check around 13:00,000, in blank, he will issue one copy of the check of this case to the non-party Lee Jae-soo and deliver it to the non-party Lee Jae-soo, stating the supplementary date of issuance as of October 30, 1976, and it was presented to the above bank on November 1, 1976, but will not be paid without transaction" (see the above judgment of the court below that the above crime in violation of Article 2 (1) of the above Act was not established on the date when the issuer issued the check immediately after the lapse of the prescription of 97 years.

The issue is groundless.

Therefore, this case's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench pursuant to Article 390 of the Criminal Procedure Act.

Justices Dra-ro (Presiding Judge) Hah-Jak-hak (Presiding Judge)