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The judgment of the court below is reversed.
The defendant is innocent.
Reasons
1. The facts charged in this case and the judgment of the court below
A. On March 30, 201, the Defendant reported to the effect that, at the Geumcheon Industrial Bank Branch in Geumcheon-gu, Geumcheon-gu, Seoul, the Defendant issued “Seoul Central Federation B” share sheet issued by the Defendant to the employees in charge of the political affairs in charge of the political affairs in the amount of KRW 10 million, which was the proposal for payment with KRW 10 million.
However, on February 201, the defendant issued the above check with the face value of KRW 10 million in the name of C which he acquired by the defendant around the end of February 201.
As a result, the Defendant made a false report to the financial institution in order to avoid the payment of the check amount or the suspension of transaction.
B. The lower court found the Defendant guilty of violating Article 4 of the Illegal Check Control Act by filing a false report on the above list of units with financial institutions.
2. Article 4 of the Act on the Control of Illegal Check Control provides that "the purpose of avoiding a disposition to pay the amount of a check or to avoid a disposition to suspend transaction". In light of the fact that the person liable to pay the amount of a check or the person subject to a disposition to suspend transaction is limited to the issuer, the person who is not an issuer can not be the subject of a crime of violation of Article 4 of the Act on the Control of Illegal Check Control, nor can the person commit the crime in the form of an indirect offender by using the issuer without intention
Even in cases where a check is issued by borrowing the name from a third person, the check amount is paid in the current account by the presentation of the check, or the person subject to a disposition of suspension of transaction is the name of the issuer of the check, and even if the check is presented, the person under the name of the person who entered into a current account contract with a bank that is the payer of the check shall be the name of the issuer of the check.