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(영문) 서울중앙지방법원 2021.01.15 2020노1000
부정수표단속법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. According to the summary of the grounds for appeal and the records of ex officio determination, the defendant's defense counsel was appointed on April 10, 2020 as the defense counsel was dissatisfied with the judgment of the court below and filed an appeal on March 27, 2020, and each notification of receipt of the records of trial was served on the defendant and the defense counsel on April 16, 2020, and the subsequent notification of appointment of defense counsel was submitted to this court on April 24, 2020 as the letter of appointment of defense counsel was submitted to the court on April 24, 2020. The fact that the appointment of defense counsel was revoked on April 24, 200, the fact that the court of appeals did not contain the reasons for appeal within the 20-day period stipulated in Article 361-3 (1) of the Criminal Procedure Act and that the defendant did not receive the records of trial on March 16, 201 if the defendant appointed a defense counsel and received the records of trial on April 16, 2015.

Therefore, the defendant's ground of appeal is presented after the expiration of the period for submitting the written reason for appeal, and it does not fall under legitimate grounds for appeal, but it will be examined ex officio in accordance with the proviso of Article 361-4 (1) and Article 364 (2) of the Criminal Procedure Act.

2. The crime of violating the Illegal Check Control Act not only causes property damage to the transaction partner, but also causes damage to the public confidence in the distribution of checks and damages the sound trade order.

The check, which has not been recovered, has a total of 11 copies, and the total sum of the checks is about 275 million won.

The defendant left China on November 29, 2004 immediately after committing the crime, with a view to evading liability for the background.

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