Deposit of check amount after dishonor and criminal liability of the drawer

If the check is issued and presented to the bank within the time limit for presentment, but it is not paid due to the shortage of deposits, even if the check was paid to the bank on the following day after the non-payment of the check, the criminal liability of the drawer of the check once is extinguished.

Article 2 of the Illegal Check Control Act

Supreme Court Decision 83Do2202 Delivered on October 25, 1983

Defendant

Defendant

Seoul Criminal Court Decision 88No1570 delivered on June 24, 1988

The appeal is dismissed.

According to the reasoning of the judgment below, the court below held that even if the defendant issued a check of KRW 179,734,880 on August 31, 1987 and presented it to the bank during the period for presentation, but recognized that it was not paid as a shortage of deposit and imposed a fine of KRW 2 million on the defendant, even if the defendant paid the check to the bank on the day following the refusal of payment, he cannot be held liable for criminal liability of the defendant once it is extinguished (see Supreme Court Decision 83Do202 delivered on October 25, 1983).

Therefore, the judgment of the court below shall not contain any violation of the rules of evidence, incomplete hearing, or misapprehension of the legal principle.

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

Justices Yoon Young-young (Presiding Justice)