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(영문) 제주지방법원 2013.08.22 2012노3
부정수표단속법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant believed that K would not offer to pay the serial number L and I checks as indicated in the lower judgment, and there was a justifiable reason for that belief.

The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by mistake or misapprehension of legal principles.

B. Even if the Defendant was found guilty of an unreasonable sentencing test, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On April 12, 2010, the Defendant violated the Illegal Check Control Act with respect to L Check (1). On April 12, 2010, the Defendant issued one check number L, face value of 470,000,000 won, and one check number per Jeju bank in the name of F in the blank of the issuing date. On April 20, 201, K, the holder of the said check, presented to pay the check on April 20, 201, when it was within the payment deadline, he would not be paid as the suspension of transaction. (2) On April 12, 2010, the Defendant violated the Illegal Check Control Act with respect to I Check, issued on April 12, 2010, a check number I, 500,000,000, and F in the name of F in the name of the issuing date.

On April 18, 201, the check holder, filled up blanks and presented the check to pay on April 18, 201, which was within the time limit for presentment for payment, but the Defendant did not pay the check as a shortage of deposit.

B. The lower court held that it is difficult to view that the legal relationship became final and conclusive as the Defendant’s repayment of all obligations to K or the absence of such obligations is difficult, and that there was dolusent predictability that the Defendant would not receive payment on the presentation date due to the shortage of deposits, etc. at the time of the issuance of each check. Even if the Defendant did not suggest the payment of each check.

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