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(영문) 수원지방법원 2017.05.12 2016노8114
부정수표단속법위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

B.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (one year and two months of imprisonment, and one year and six months of imprisonment) is too unreasonable.

2. Determination 1) Defendant A’s crime of default following the issuance of the instant check was that the Defendant issued 15 copies of the check, and the Defendant did not pay the check due to the shortage of deposit. The crime is not good, the total sum of the amount of the unpaid check up to the first instance trial exceeds 300 million won, and the Defendant committed the instant crime of aiding and abetting the instant fraud during the suspended execution period, and the Defendant committed the instant crime of aiding and abetting the Defendant’s crime of aiding and abetting the instant fraud at a disadvantage to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant led to the confession of the facts charged in the instant case and divided his mistake.

The defendant only lent his name to the joint defendant B, who is the actual operator of the FF corporation.

The Defendant appears to have no profit from each of the instant crimes.

However, the Defendant collected two of the above checks in the first instance, and agreed to compensate for damages to the last holder of the part of the check, and made efforts to recover damages, such as deposit of KRW 3 million to the victim of the crime of aiding and abetting the fraud of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is deemed to be excessive and unfair.

Therefore, the defendant's argument of sentencing is justified.

2) The lower court sentenced Defendant B to one year and six months of imprisonment, taking into account the favorable circumstances and unfavorable circumstances for the Defendant.

The terms and conditions of sentencing in the trial, and the sentencing type;

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