Whether Article 2(4) of the Illegal Check Control Act applies to cases where a check is withdrawn before the judgment of the first instance is pronounced after an indictment is instituted.

If part of the check which was not paid before the pronouncement of the first instance judgment after the institution of public prosecution has been withdrawn, the dismissal of prosecution shall be dismissed as to the violation of the Illegal Check Control Act with respect to the recovered check.

Article 2 (4) of the Illegal Check Control Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Defendant

Defendant

Gwangju District Court Decision 93No1019 delivered on November 26, 1993

The judgment of the court below is reversed.

The case shall be remanded to the Panel Division of the Gwangju District Court.

1. The defendant's second ground of appeal is examined.

If the evidence admitted by the court below is examined by comparing it with the records, it can be sufficiently recognized that the defendant committed the crime of this case, and it cannot be viewed that there was an error of law by misunderstanding the facts against the rules of evidence as alleged in the judgment below.

2. The decision shall be made ex officio;

Article 2(4) and (3) of the Illegal Check Control Act (Act No. 4587) which was newly established on December 10, 1993 and enforced on that date after the decision of the court below was made shall not be prosecuted against the express will of the check holder even though the check holder is unable to collect the check or collect the check, and according to the records, the attachment of the first instance judgment [Attachment 1] 4,11, and 13 of each check (the check number No. 4, 10289026, Ma, 0289029, 029, 05601) can be seen to have been recovered before the decision of the court of first instance after the prosecution of this case, and since each of the above illegal Check Control Act which was recovered was found to have been rejected before the decision of the court of first instance, the court below found the defendant guilty of the violation of the former part of the Criminal Act as to each of the above illegal Check Control Act, the judgment below shall be reversed.

3. Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition with the assent of all Justices

Justices Kim Yong-sik (Presiding Justice)