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(영문) 수원지방법원 2017.07.12 2017노2381
부정수표단속법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The check Nos. 5 and 10 each (hereinafter “the check Nos. 5 and 10”) in the table of crime Nos. 5 and 10 as indicated in the judgment of the court below as indicated in the judgment below is delivered as security by the defendant, but the last holder issued a blank check, and the amount of the check was unfairly filled by the last holder, and the amount of the check was not paid thereafter.

Even if there is no violation of the Illegal Check Control Act on the amount, it is not established.

Nevertheless, the court below found all of the facts charged guilty. The court below erred by misapprehending the legal principles.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Various circumstances, namely, ① the check of this case Nos. 5 and 10 issued under the name of the defendant, ② the investigative agency stated that “the check of this case was received from the defendant around August 16, 1995, the amount of the check was written by the defendant,” ③ the check of this case issued by the defendant was returned to the defendant around August 21, 1995; ② the check of this case was first defaulted on August 29, 195; ⑤ the statement of this case was made on August 29, 200 to the investigation agency around August 29, 195; ⑤ the statement of this case was made on August 29, 195 to the defendant’s non-entry into the investigation agency around 195; ⑤ the statement of this case was made on August 29, 195 to the defendant’s non-entry into the Republic of Korea, and ④ the statement was made on August 29, 1995.”

There is no objective and clear evidence to see, 6. The Defendant also did not have any objective and clear evidence.

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