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(영문) 서울중앙지방법원 2013.11.29 2013노3183
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that G, a real operator of C Co., Ltd. (hereinafter “C”), issued a check number of KRW 17.3 million (hereinafter “the check of this case”), the Defendant was unaware of the fact that G, a real operator of C Co., Ltd. (hereinafter “C”), and was aware of the fact that the check of this case was true and true, and thus, the Defendant did not make a false report to a financial institution.

B. The sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court as to the assertion of mistake of facts: (i) the Defendant directly prepared an application for transaction in the current account in the capacity of representative director at the point south of the Nonghyup Bank on September 10, 2012; (ii) G was legally detained by being sentenced to five months in the Incheon District Court on December 14, 2012 due to a violation of the Illegal Check Control Act at the Incheon District Court’s order; (iii) the Defendant informed the 17,300,000 won of the issuance of the check in this case at the time of interview that the face value would be due to the failure to recover the check; and (iv) the Defendant reported the loss of the number of shares and promissorysory notes issued in the Nonghyup Bank on two occasions, and all of the Defendant stated that the check was subject to G’s statement under the direction of G that the Defendant was not aware of the fact that the check in this case’s face value falls short of the face value of KRW 7,000,000.

B. As to the assertion of unreasonable sentencing, the Defendant’s check.

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