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(영문) 의정부지방법원 2016.05.10 2016노134
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) A check number i.e., one-third check (hereinafter “1-3 check”) at a time a crime sight table 1/3 (hereinafter “1-3 check”) and a check number J number 2/5 (hereinafter “2-5 check”) at a time a crime sight table was modified by K with a supplementary right.

2) A set of four re-checks Nos. 1 per month of the crime sight list (hereinafter “1-4 check”) was modified by M with the supplementary right.

3) The N Check No. 6 (hereinafter “1-6 Check”) was modified by the O, i.e., the one-half check number per month of the crime sight list, i.e., the supplementary right.

4) A three-time check number P (hereinafter “2-3 check”) in the second three-time check of crime sight table (hereinafter “2-3 check”) was modified by Q Q’s exercising the supplementary right.

5) A 10 re-check check (hereinafter “2-10 check”) 2/10 of the crime sight table is issued by D prior to the Defendant.

B. The sentence of the lower court’s improper sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) The following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the trial court, namely, ① A witnessO of the first instance court stated that the Defendant and S is S, a person who supplemented the “1-6 check”, and that the Defendant and S were written to divide the check by one half at a discount. ② The witness S of the first instance court stated that the “2-10 check is not subject to any special restriction on the scope of supplementation of blank Check”. ③ In relation to the “2-10 check,” D, a representative of the Co., Ltd. in the name of B, was granted the right to use the check and check as the representative of the Co., Ltd. (see, e.g., Article 135 of the Investigation Record). ④ The Defendant stated that the Defendant “Defendant 1-K” on January 28, 2016, was not subject to any special restriction on the scope of supplementation of blank Check check.

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