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(영문) 서울남부지방법원 2014.09.25 2014노983

부정수표단속법위반등

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was that the Defendant appealed on the grounds that the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Although the judgment of the court below may be deemed to have already been assessed as the amount of damage in violation of the Act on the Control of Fraud and Illegal Check against Victims H even though the above part is excluded, the remaining amount and the face value of the checks which have not been acquired and recovered are the large amount, and the damage recovery for the crime of fraud has not been actually performed. In addition, taking account of various sentencing conditions as shown in the argument of this case, such as the method, period, profit, circumstances after the crime, Defendant’s age and character and behavior, the sentence imposed by the court below is not deemed to be unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 30 of the Criminal Act is amended to add "Article 2 (2) and (1) of the Regulations on the Control of Illegal Check" as stated in "the corresponding provision on criminal facts of 1." to the column for application of the law of the court below ex officio pursuant to Article 25

.