부정수표단속법위반등
The guilty part of the first judgment (including the acquittal part in the reason) and the second judgment shall be reversed, respectively.
Defendant shall be punished by imprisonment.
1. On the judgment of the court of first instance, the court of first instance on the scope of the judgment of the court of first instance on the charge of violating the Control of Illegal Check Control Act due to the failure to pay two copies of the check number table (AA and AB), among the facts charged against the defendant, the court of first instance on the judgment, dismissed the prosecution against the defendant, and acquitted the defendant
In addition, the defendant and the prosecutor appealed against the above judgment of the first instance, and the prosecutor did not appeal against the dismissal of prosecution among the above judgment. Thus, the dismissal of prosecution among the judgment of the first instance became final and conclusive separately, and only the remaining parts are subject to the judgment of this court.
2. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor (the first judgment of the court below), the first instance court erred by misapprehending the facts or by misapprehending the legal principles, even though the violation of the Illegal Check Control Act due to the alteration of the check and the fact that the exercise of altered securities (not guilty of each order) and the violation of the Illegal Check Control Act due to the use of the check book (not guilty of each reason) are all found guilty, the first judgment which acquitted the public prosecutor (the first judgment of the court of the judgment of the court of the court of the court below), which
(2) The sentence imposed on the Defendant by the first instance court of unfair sentencing is too uneasible and unfair.
B. The sentence imposed by the lower court against the Defendant is too unreasonable.
3. Determination
A. Of the judgment of the first instance court, the prosecutor's assertion of mistake of facts against the part not guilty (the violation of the Illegal Check Control Act due to alteration of the check, and the point of exercising the altered securities) in the judgment of the court below (1) The summary of this part of the charges is as follows: (a) the defendant was issued one copy of the unit number table in the name of N Co., Ltd. (3,000,000), (b) the face value (3,000,000), and (c) the issuance date (3,00,000,000) on December 27, 2010; and (d) on the same day, Seo-gu Incheon, Incheon.