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(영문) 대구지방법원 2013.06.28 2013노303
부정수표단속법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. Although the sum of face value of the non-paid check is not at least KRW 62 million, the check is recovered or the damage is not recovered, the Defendant left the Republic of Korea after the default on payment and left the Republic of Cambodia for about 10 years, leaving the Republic of Korea, leaving the Republic of Korea as it is, and neglecting the damage as it is. However, there are circumstances under which the Defendant’s operation of a photographer for about 10 years led to the instant crime, which may be considered in some circumstances. The first check which was accused of violating the Illegal Check Control Act is up to 28 (one billion won in total), and the first check which was accused of violation of the Illegal Check Control Act is up to 12 (three eight million won in total in total in total in face value) before the Defendant instituted a prosecution, and one copy (three million won in total in face value in face value) at the lower court’s decision to recover the check, and there is no particular criminal history that the Defendant has been punished for a violation of the Automobile Management Act, and there is no reason for the lower court’s argument that the Defendant’s argument was too unreasonable and unlawful.

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

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