In the event that a check or bill is discounted without conviction that it can be paid at the due date, the nature of fraud (affirmative)

A crime of fraud is established if the drawer of a check or a bill has not predicted that it would not be settled on the date of payment, or there is no conviction that it may be paid on the date of payment, but it would be discounted without notifying the addressee of such contents.

Article 347 of the Criminal Act

Supreme Court Decision 4294Do230 Delivered on October 26, 1961, 810Do2605 Delivered on December 22, 1981

Defendant

Defendant

Busan District Court Decision 84No761 delivered on May 24, 1984

The appeal is dismissed.

The defendant's grounds of appeal are examined.

According to the reasoning of the judgment below and the judgment of the court of first instance cited by the court below, it shall be sufficient to acknowledge the facts of fraud against the defendant at the time of the judgment of the court of first instance, and it shall not be recognized that there was an error of mistake of facts due to a violation of the rules of evidence such as arguments in the process of fact-finding. Furthermore, if the issuer of a check or a bill has predicted that it will not be approved on the date of payment, or is able to be paid on the date of payment without notifying the addressee of such contents, fraud shall be established if he was discounted without being informed of such contents, it shall be 4294-230, 1981, and 81-2605, Dec. 22, 1981. According to the facts established by the court below, the defendant did not have obtained a discount of 200,000 won after the date of payment of the bill at least 50,000 won after the issuance of the bill at least 300,000 won,000 won,00 won,00 won,000 won per month.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-tae (Presiding Justice)