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(영문) 전주지방법원 2013.08.30 2012노1292
부정수표단속법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment and two years of suspended execution) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The crime of this case in the judgment on the grounds of appeal is that the defendant did not pay for the shortage of deposit or suspension of transaction after issuing six copies of the number of shares per total amount of 387,235,000 won per face value. The crime of this case in violation of the Illegal Check Control Act is a large amount of money. The crime of this case in violation of the Illegal Check Control Act should be punished strictly by the defendant in light of the fact that it impairs the trust of the general public about the payment guarantee of check, which is a distributed securities, thereby causing serious danger to national economy safety

However, the defendant recognized the crime of this case and divided in depth, and first, the number of units per default was approximately KRW 1.5 billion in total at face value, but the defendant recovered the check of units per face value of approximately KRW 1.1 billion in total before the prosecution of this case was instituted, and the court below additionally collected the check of units per face value of KRW 1.1 billion in face value at the court below, the defendant's accumulated loss caused by the depression of livestock industry and seems to have been prevented from committing the crime of this case, the defendant did not have any history of punishment or punishment heavier than the punishment of the same crime, the fact that the defendant must support the wife and his children, and other factors of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, the circumstances, means and result of the defendant's act of this case, the situation before and after the crime of this case, etc., the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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