부정수표단속법위반
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case, attached Form.
1. The court below dismissed the public prosecution against the violation of the Illegal Check Control Act as stated in the attached Table 1 Nos. 2, 5, 6, 7, 8, 9, 11 among the facts charged in the instant case and the attached Table Nos 4, 5, 7, 8, 9, 10, 11, 13, 14, 17, 19, 20, 21, 23, 25, 27, 28, 2013, 6565, and 2. The court below convicted the remainder of the charges against the violation of the Illegal Check Control Act.
However, since only the Defendant appealed the part of the judgment below as to the conviction and did not appeal all the Defendant and the prosecutor with respect to the dismissal of prosecution, among the judgment below, the dismissal of prosecution is determined separately, and only the remaining conviction is subject to the judgment of this court.
2. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.
3. Ex officio determination
A. Of the facts charged in the instant case, the Defendant, on January 12, 201, opened the Suwon-gu Branch and the current account on January 12, 201, and issued a check of shares.
From May 26, 201 to August 5, 2011, the Defendant issued a check number A, face value of KRW 15,000,000, and the date of issuance on June 17, 2011, one sheet of the number of units per “B” in the name of “B” (hereinafter “the check in this case”) in the office of “B” with the representative director, from May 26, 201 to August 5, 201, in which the Defendant, who had F2 stories 204 located in Daegu-gu, Daegu-gu Office, as the representative director, and presented the check within the period for which the check was to be paid, but the check was not paid due to non-transaction.
B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the following evidence.
C. The facts charged in this part of the judgment of the political party are those crimes falling under Article 2 (2) and (1) of the Illegal Check Control Act, where a person who issues or prepares a check under Article 2 (4) of the same Act collects the check.