The defendant shall be innocent.

The defendant in the facts charged of this case opened the B Yangsan Branch and the current account in the name of the defendant on July 9, 2004 and traded checks.

On March 18, 2019, the Defendant issued 15,719,269 won at the D office operated by the Defendant C, 2019, including one sheet of check number E, payment date “3,00,000 won”, and one sheet of “3,00,000 won” at the same time until March 18, 2019.

However, each holder of the check presented each payment to the above bank within the time limit for presentment for payment, but did not receive any deposit shortage.

In cases where the court has taken a preservative measure prohibiting repayment, etc. to the debtor pursuant to Article 43 (1) of the Debtor Rehabilitation and Bankruptcy Act, the paying bank of a check shall, as a matter of course, refuse payment on the grounds of the above preservative measure, regardless of whether or not a deposit exists.

Therefore, if a check is presented after a non-performance and preservation disposition is taken against the drawer of the check under the above law, even if the bank did not comply with the above restriction on payment under the above law, the issuing act of the check does not constitute a crime of violation of Article 2(2) of the Illegal Check Control Act (see Supreme Court Decision 2009Do12457, Jan. 28, 2010). According to the record, the defendant issued each check as stated in the above facts charged, the defendant filed an application for simplified rehabilitation with the Ulsan District Court 2019Hun-Ma504, May 28, 2019, and the above court prevented repayment of all monetary liabilities incurred before 18 hours prior to May 28, 2019 by the Debtor Rehabilitation and Bankruptcy Act.