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(영문) 부산지방법원 2014.07.18 2013노4124

부정수표단속법위반

Text

The judgment below

Of them, the guilty portion against Defendant B and the check listed in the attached list Nos. 4.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the judgment of the court below against the Defendants (one hundred months of imprisonment) is too unreasonable.

B. The sentence of the lower judgment against the Defendant C by the Prosecutor (10 months of imprisonment) is too unhued and unreasonable.

2. Determination

A. Prior to the determination of Defendant B’s grounds for appeal, the record reveals that the court below found Defendant B guilty of violating the Illegal Check Control Act with respect to each unit of shares listed in [Attachment List Nos. 1, 5] among the facts charged against Defendant B, as to the violation of the Illegal Check Control Act with respect to each unit of shares listed in [Attachment List Nos. 2, 3, 6, 7, and 8], while dismissing public prosecution against the violation of the Illegal Check Control Act with respect to each unit of shares listed in [Attachment List Nos. 2, 3, 6, 7, and 8], the court below did not render any judgment against the violation of the Illegal Check Control Act with respect to the unit of shares listed

Therefore, among the part against Defendant B, the judgment of the court below on the violation of the Illegal Check Control Act with regard to the number of units listed in the annexed Table 4 shall be reversed since the judgment was omitted, and the above crime and each crime that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act. This court selected the same type of punishment for each of the above crimes and sentenced a single punishment pursuant to Article 38(1) of the Criminal Act. In this regard, all of the parts against the guilty portion of the judgment below and the violation of the Illegal Check Control Act with regard to the number of units listed in the annexed Table 4 cannot be exempted.

B. B. Before determining the grounds for appeal by Defendant C and the Prosecutor, according to the records, Defendant C was sentenced to imprisonment with prison labor for not more than one year and six months at the Busan District Court on January 5, 2012, and the above judgment became final and conclusive on March 1, 2013. Thus, the crime of violating the Act on the Control of Fraud and Illegal Check is committed before the above judgment becomes final and conclusive.