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(영문) 대구지방법원 2014.04.25 2013노3579
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment (2.5 million won).

2. It is recognized that the Defendant, on his behalf, led to the confession of the crime and the first accusation of the violation of the Illegal Check Control Act, up to 11 copies of the check (total face value of 50 million won). It is recognized that the Defendant, prior to the institution of public prosecution, made efforts to recover the check, at the original instance (total face value of 30 million won) and at the original instance (total face value of 5 million won) to recover the check.

However, considering the fact that the sum of the face value of the unpaid check is not specified as KRW 20 million, and other character and conduct of the Defendant, the motive, means and method of the crime of this case, and the circumstances after the crime, the lower court’s punishment cannot be determined to be excessively unreasonable (the Defendant asserts that one of the four copies of the criminal facts stated in the lower judgment is the same check as the one for the violation of the Illegal Check Control Act, which became final and conclusive after the lapse of 20 days from the date of receipt of the record. While the Defendant attempted to submit the statement of reasons for appeal, the Defendant was issued a summary order of KRW 1 million as a violation of the Illegal Check Control Act at the Seo branch branch of the Daegu District Court on September 11, 2013. The Defendant did not have any reason to dismiss the Defendant’s appeal since the Defendant’s criminal facts in the above case did not constitute an “O, 500,000 won,” the date of issuance, “50,000,000 won,” and the Defendant’s appeal cannot be justified.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, "1........" of the judgment of the court below in accordance with Article 25(1): Article 334 of the Criminal Procedure Act.

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