부정수표단속법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. According to the evidence duly adopted and examined by the court below, the court below acquitted the Defendant of this part of the facts charged, although the Defendant could fully recognize that the check number was issued by M, N, J, andO, and found the Defendant not guilty of this part of the facts charged. The court below erred by misapprehending the legal principles as to the remaining facts.
2) The lower court’s improper sentencing (one hundred months of imprisonment) is too unhued and unfair.
B. The lower court’s sentence is too too unreasonable.
2. Determination as to the prosecutor's assertion of mistake of facts
A. The summary of this part of the facts charged was from December 3, 2008 that the Defendant entered into a check contract in the name of the Dong branch and the Defendant, a representative director, and traded over the check.
On June 5, 2010, the Defendant issued a copy of the check number “J”, the check amount “70,000,000”, and the date of issuance “FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
On June 7, 2010, the holder of the check presented the above check to the National Federation of the Agricultural Cooperative on June 7, 2010, which was within the period for presentation of payment, but the defendant did not receive the suspension of transaction, as shown in the attached list of crimes, and did not receive the suspension of transaction.
B. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that the case contains suspicions as to whether L or K did not issue four copies of the check in the list of annexed crimes without the Defendant’s permission by using the check books, etc. received from the Defendant.
(c)
In light of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below, the defendant may fully recognize the fact that the defendant issued four copies of the check per unit stated in the list of crimes in the attached Form.
Nos. 1.