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(영문) 서울중앙지방법원 2014.06.13 2014노608
부정수표단속법위반
Text

Of the judgment of the first instance, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

A. A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A merely lends the name of representative director and there is no economic benefit from the instant crime, etc., Defendant A’s imprisonment (one year of imprisonment, two years of suspended execution, two years of community service, etc.) of the first instance court is too unreasonable.

B. Defendant B used funds created by Defendant B with the issuance of the instant check of shares for the company’s business and did not make personal consumption, etc., the first instance court’s imprisonment (two years of imprisonment) is too unreasonable.

C. Defendant C is too unreasonable in light of the fact that the author did not gain personal benefits by issuing the check of the number of units of the instant case as the author (one and half years of imprisonment).

2. Determination

A. In light of the fact that Defendant A was registered as the representative director of the F Co., Ltd., but it appears that he did not participate in the actual business activities, the degree of participation in the crime is relatively insignificant and the criminal intent is weak. However, the above Defendant leased the name of representative director of the F Co., Ltd., which Defendant B actually acquired under the condition that Defendant B would receive a certain amount of money from employees employed by Q Co., Ltd., Defendant B, and taking full account of various circumstances, including the motive and background leading up to the crime in this case, circumstances after the crime, Defendant’s age, character, conduct, environment, etc., and the sentencing conditions specified in the pleading, it does not seem to be unfairly excessive to the extent that the first instance punishment is to be reversed. Accordingly

B. Defendant B’s actual manager who acquired FF Co., Ltd., issued a check in the name of acquisition price, and issued a check in the name of criminal case agreement upon K’s request, which led to the instant crime, is unfavorable to the said Defendant, on the other hand, while the said Defendant was at the trial.

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