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(영문) 울산지방법원 2013.07.19 2013노196

부정수표단속법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

2. After the appeal, the defendant recognized the crime of this case against all of the victims of the fraud of this case. After the appeal, the defendant agreed with all of the victims of the fraud of this case. U, V, AJ, P, and J agreed with the last holder of some of the crimes of violation of the Illegal Check Control Act (AC, AD, AE, AF, AB) and submitted a written agreement that the above holders would not want punishment of the defendant, and some checks were recovered. With respect to the violation of the Labor Standards Act of this case and the Minimum Wage Act of this case, certain amount of money was paid from the KK and the Korea Workers' Compensation & Welfare Corporation that acquired Mat from the defendant for the violation of the Minimum Wage Act of this case and the Minimum Wage Act of this case. In particular, the defendant did not have any previous record of suspended execution, and the scope of recommendation according to the sentencing guidelines for the fraud of this case is 10 to 20 months [decision of type] of imprisonment with prison labor for the crime of fraud of this case, the remaining types of non-compliance with the Minimum Wage Act of punishment of general fraud [1.]

In light of the favorable circumstances, the sum of the damages incurred to the instant fraudulent act was large to KRW 400 million. Although agreed with the victims, it was not clear whether the damage was recovered. The sum of the checks in violation of the Illegal Check Control Act was large to KRW 300 million, and the amount of the checks not recovered was large to KRW 147 million, and the amount of the checks not recovered was 140 million, and the violation of the Minimum Wage Act and the Labor Standards Act were violated.