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(영문) 수원지방법원 2017.08.11 2017노3018
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) The Defendant, misunderstanding the legal principles, issued each of the instant checks on the premise that the Defendant did not distribute them to F, and the Defendant was unaware of the fact that E, who received this case’s checks from F, did not know that the first issue date of each of the instant checks was deleted.

Therefore, when based on the first issue date, E, the holder of a check, presented each check of this case after the period for presentation expires.

Even if there was an agreement between the Defendant and E on March 15, 2013 that the date of issuance should be blank and the date of publication should be legally deleted.

Even from that time, E exercised the right to fill the blank on July 6, 2015 after six months of the expiration of the statute of limitations on the right to fill the blank.

2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. 1) Determination 1) The crime of violation of Article 2(2) of the Regulation on Illegal Check Control Act regarding the assertion of misunderstanding of facts and misapprehension of legal principles is established when the issuer issues the check, which was predicted that the crime would not be paid on the date of presentation due to the shortage of deposits, etc., and such prediction does not affect even if it was not influent.

In addition, the crime of the issuance of illegal checks cannot be exempted solely on the grounds that there are internal reasons such as the special agreement not to present a bill or the circumstance leading up to the issuance of a check or the failure to pay the check (see Supreme Court Decision 92Do1207, Sept. 22, 1992). Furthermore, the crime of the above crime requires that the person who issued or prepared the check fails to pay the check on the date of presentation due to the shortage of deposit, etc. after issuing the check. Thus, in the case of issuing the blank check, the blank portion must be filled and presented properly.

The statute of limitations for the issuance of a check with a blank of the date of issuance shall be entered in the check in the absence of special circumstances, in light of the relationship between the issuer and the issuer.

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