The defendant shall be innocent.

1. On April 22, 1997, the Defendant’s attachment to the summary of the facts charged entered into a contract for resignation and check with the agricultural cooperative branch in the name of C, and the Defendant had traded household checks under C’s delegation from around that time.

On December 9, 2011, the Defendant issued one copy of the check number “F”, “F”, “5,000,000 won at face value”, and “C’s household check in the name of the official blank of issue date” in the “E” operated by the Defendant in Busan Dong-gu, Busan.

On November 28, 2012, when the holder G had presented the above check to the above bank on November 28, 2012, which was within the time limit for presentment for payment, the Defendant did not pay the check for lack of deposit.

In addition, from that to September 18, 2012, the Defendant issued 16 copies of the household check of KRW 225,000,000 in total, as stated in the separate sheet of crime between the Defendant and that from that to that to September 18, 2012, and each of the holders of the said check presented the payment lawfully, but did not pay the shortage of deposit.

2. Determination

A. According to the entries and shapes of each of the checks attached to each of the separate notes with respect to each of the checks listed in the separate notes Nos. 1 to 9 and 16, this part of the check is recognized without legitimate date of publication.

Therefore, the last holder proposed the payment to the financial institution.

Even if it is impossible to determine whether or not the check was presented within the time limit for presentment of payment under the Check Act, the act of issuing each check by the defendant does not meet the requirements for establishment under Article 2 (2) of the Illegal Check Control Act.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the presumption of trust and good faith, and thereby exceeding the bounds of the principle of trust and good faith, and thereby exceeding the bounds of the principle of trust and good faith.

B. The issuance of a check as stipulated in the Illegal Check Control Act with respect to the remaining checks refers to the act of preparing the basic requirements of a check in the form of a check and delivering it to the other party; and