CONTENTS
- 1. The Client Who Urgently Came to the Criminal Litigation Attorney
- - Violation of the Illegal Check Control Act Explained by the Criminal Litigation Attorney
- - Sentencing for Violation of the Illegal Check Control Act Explained by the Criminal Litigation Attorney
- 2. Criminal Litigation Attorney: "The Defendant Admitted the Offense and Acknowledged the Wrongdoing"
- 3. Criminal Litigation Attorney's Argument Accepted, Defendant Receives a Suspended Sentence
1. The Client Who Urgently Came to the Criminal Litigation Attorney
The client who urgently came to the criminal litigation attorney issued a check, and because payment was not properly made, he came to violate the Illegal Check Control Act.
In the consultation with the criminal litigation attorney, the client disclosed that, while running a business, he experienced financial difficulties and was therefore unable to deposit the funds on the payment date, and that, as a result, the check was dishonored and he was brought to trial.
Violation of the Illegal Check Control Act Explained by the Criminal Litigation Attorney
The criminal litigation attorney explained that a cashier's check is an instrument by which one directly promises to pay money. The criminal litigation attorney added that checks are often issued in the name of a corporate business, and that they are used to secure short-term liquidity, such as for paying counterparties or employee wages.
The problem is that, if an issued check is not deposited on the payment date or is dishonored due to insufficient funds or other reasons, it runs afoul of the law.
In the case of a violation of the Illegal Check Control Act, even simple negligence is regarded as subject to punishment.
If this charge has been applied, it can be said that one should promptly seek a criminal litigation attorney and defend against the charge as much as possible.
Sentencing for Violation of the Illegal Check Control Act Explained by the Criminal Litigation Attorney
The criminal litigation attorney explained that the issuance of a bad check is an act that betrays the general public's trust in the payment-instrument character of a check, and that it is treated as a crime that damages sound transactional order, so its culpability is not light.
What Punishment Is Imposed for Issuing a Bad Check?
Illegal Check Control Act Article 2 (Criminal Liability of the Issuer of a Bad Check) (1) A person who issues or prepares a bad check falling under any of the following is punished by imprisonment for up to 5 years or a fine of up to 10 times the check amount.
1. A check issued in the name of a fictitious person
2. A check issued without a check contract with a financial institution (including a post office; the same applies hereinafter), or issued after receiving a disposition suspending transactions from a financial institution
3. A check issued with a signature or name-and-seal different from the one registered with the financial institution
(2) The same as paragraph (1) applies where a person who issued or prepared a check, after issuing it, caused it not to be paid on the date of presentation due to insufficient deposit, a disposition suspending transactions, or the rescission or termination of the check contract.
(3) A person who commits the offense under paragraphs (1) and (2) through negligence is punished by imprisonment without labor for up to 3 years or a fine of up to 5 times the check amount.
(4) The offenses under paragraphs (2) and (3) may not be prosecuted where the person who issued or prepared the check has recovered the check, or, even if it has not been recovered, where prosecution would be contrary to the express intent of the check holder.
2. Criminal Litigation Attorney: "The Defendant Admitted the Offense and Acknowledged the Wrongdoing"
Through close consultation with the client, Daeryun Law Firm formed a criminal litigation attorney team consisting of multiple experts with extensive experience in cases involving violation of the Illegal Check Control Act.
The Daeryun criminal litigation attorney team argued that the defendant ran a business and that, because the business situation was poor, the payment was not made.
The team then requested as lenient a disposition as possible, pointing to the fact that the defendant acknowledged all the facts charged and was repentant.
■ The defendant acknowledged the fact that he had paid by check in the name of the corporate business but the payment was not made.
■ The defendant's business was experiencing financial difficulties due to factors such as COVID-19.
■ The defendant was a first-time offender who had never received any criminal punishment other than this case.
3. Criminal Litigation Attorney's Argument Accepted, Defendant Receives a Suspended Sentence
The court, accepting the argument of the Daeryun Law Firm criminal litigation attorney, issued a judgment stating, "The defendant is sentenced to 1 year of imprisonment. However, the execution of the above sentence is suspended for 2 years from the date this judgment becomes final."
The client, who received the assistance of the Daeryun criminal litigation attorney, avoided an actual custodial sentence and was given a suspended sentence.
Having received the desired result, the client also expressed his gratitude to the criminal litigation attorney.
Daeryun Law Firm operates a criminal practice group, and criminal-law experts form teams according to the scale of the case and handle the matter.
In particular, in the evidence examination, digital forensics, and security groups, the firm directly collects and analyzes evidence that is difficult for an individual to gather, and also makes use of it so that it can be used at trial.
Three to twenty legal experts in areas such as criminal law and evidence examination provide a defense tailored to the client, so if you need help, you may obtain the assistance of the Daeryun criminal practice group at any time.
![[형사사건전문변호사 조력사례] 형사사건전문변호사, 부정수표단속법위반 의뢰인 집행유예 방어](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240625063421385.webp&w=828&q=100 "부정수표단속법위반 집행유예 판결문")
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
