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(영문) 서울중앙지방법원 2016.07.01 2015노1035
부정수표단속법위반등
Text

The guilty portion of the judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the first instance court rendered judgment.

Reasons

1. The first instance court dismissed the prosecution as to the violation of the Control of Illegal Check Act at No. 1 and No. 4 in the table of crime No. 1 in the judgment of the first instance among the facts charged in the instant case, and sentenced the judgment of conviction as to the remaining parts.

Since a prosecutor has filed an appeal by stating the scope of the appeal in the petition of appeal as “wholly”, the dismissed part of the judgment of the first instance is also subject to the judgment of the appellate court. However, since the grounds for appeal on this part of the petition of appeal or the written reason for appeal submitted by the prosecutor are not entirely indicated, the judgment of the first instance on this part shall be maintained, and only the conviction part of the judgment of the first instance shall be determined.

2. Summary of grounds for appeal;

A. On February 13, 2015, the Defendant appealed against the judgment of the first instance on February 13, 2015 and filed an appeal. On May 21, 2015, the Defendant failed to submit a written reason for appeal within 20 days, which is the deadline for submitting a written reason for appeal, even after receiving a notice of receipt of the record of trial from the court on May 21, 2015 (the Defendant’s defense counsel submitted a written reason for appeal for reasons of unfair sentencing on June 30, 2015, when the period for filing the appeal is too limited). The

B. The first deliberation sentence (a year and six months of imprisonment) of the prosecutor (unfair sentencing) is deemed to be too unhued and unfair.

3. Ex officio determination

A. On October 25, 2012, the summary of the facts charged in violation of the Act on Control of Illegal Check No. 5 in the annexed Table No. 1 as indicated in the judgment of the first instance, the Defendant issued one check number L, and one check with the amount of KRW 50 million on February 25, 2013 as indicated in the attached Table No. 1 as of October 25, 2012, and presented to him/her for payment on February 25, 2013, which is within the lawful period of payment, by K, the holder of which was a lawful holder, but did not receive as a suspension of transaction.

B. The first instance judgment of the first instance court found the Defendant guilty of the facts charged by integrating the evidence in its holding.

(c)

In accordance with Article 43 (1) of the Debtor Rehabilitation and Bankruptcy Act, the court shall repay to the debtor pursuant to the above-mentioned decision.

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