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(영문) 창원지방법원 2016.01.14 2015노2116

부정수표단속법위반등

Text

The judgment below

The guilty portion shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Reasons

1. The court below found Defendant A guilty on the ground that Defendant A’s violation of the Act on the Control of Illegal Check Check, which occurred at the time three times a year in the list of offenses attached to the Commission Nos. 1 to 3, and the holder of a check expressed his/her intention not to be punished against Defendant A, on the ground that the prosecution of this case was instituted, the court below dismissed the judgment of dismissal under Article 327 subparag. 6 of the Criminal Procedure Act on the ground that Defendant A’s violation of the Act on the Control of Illegal Check Check, which occurred at the time of the crime No. 2, No. 4, 6,7, 8, 9, 11, and 12 of the list of offenses attached to the War No. 2, No. 31 to No. 9 of the list of offenses and violation of the Labor Standards Act on the Guarantee of Workers’ Retirement Benefits, and that the remaining part of the indictment against Defendant B was dismissed on the ground that the aforementioned workers were dismissed for the reason that the aforementioned workers were dismissed for the reason that the indictment was withdrawn.

Therefore, the scope of the judgment of the court below shall be limited to the conviction except the dismissed part of the above indictment.

2. Summary of grounds for appeal;

A. Defendant A asserts that Defendant A’s punishment sentenced by the lower court to be found guilty (one and half years of imprisonment) is too unreasonable.

B. Defendant B’s misunderstanding of the facts as follows: (a) Defendant B prepared a self-work contract on September 1, 2012, wherein the amount of wages from November 201 to KRW 25 million per month was increased by KRW 30 million per month between Defendant B and the victim Q; (b) however, Defendant Q promoted acceptance at the time of the victim Q Q.

The position of the president of the BO hospital shall be concurrently held.