2016No343 Violation of the Illegal Check Control Act

A person shall be appointed.

Residence

Reference domicile

Both parties

Kim Jong-sung, Maho-young (each indictments), and leapin (trials)

Attorney ○○○ (Non Line)

Suyang District Court Decision 2015Ma1877, 2540 decided January 14, 2016;

Article 2612 (Judgment of Consolidation)

April 26, 2016

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of the grounds for appeal;

(a) A prosecutor;

1) misunderstanding of facts

According to the evidence duly adopted and examined by the court below, the court below found the Defendant guilty of this part of the facts charged, although the check number was sufficiently recognized that the Defendant issued '○○○○ 80728', 'O-class 80738', 'O-class 80921', 'O-class 80735', 'O-class 80735', and 'O-level 80735.

2) Unreasonable sentencing

The lower court’s sentence (ten months of imprisonment) is so unfluened as to be unreasonable.

B. Defendant

The sentence of the court below is too unreasonable.

2. Judgment on the Prosecutor’s misunderstanding of facts

A. Summary of this part of the charges

From December 3, 2008, the Defendant entered into a check contract in the name of the ○○ Dong branch of the Agricultural Cooperatives Federation and the Defendant, a representative director, and entered into a check contract in the name of the ○○○ Real Accounting Corporation.

On June 5, 2010, the Defendant issued a check number 80921, 'OP 80921', '70, 000, '700, 000', and 'date of issuance' on June 5, 2010.

On June 7, 2010, the holder of the check presented the above check to the National Federation of the Agricultural Cooperatives, which was within the time limit for presentment of payment, but the defendant did not receive the check as a disposition of suspension of transaction, as shown in the attached list of crimes, and the defendant did not pay the total of four units of check as a disposition of suspension of transaction.

B. The judgment of the court below

The lower court rendered a not guilty verdict on this part of the facts charged on the ground that “A or C, without the Defendant’s permission, is suspected of not issuing four copies of the per share sheet in the annexed crime list by using the check responsibilities, etc. received from the Defendant.”

C. Judgment of the court below

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the trial court, the defendant can fully recognize the fact that the defendant issued four copies of the number of units per attached Table in the annexed crime list.

A person shall be appointed.

1) The check number 2 set forth in the table 2 (hereinafter referred to as "number 80728") stated that the check number "Oceh 80728" and 70921 on the check "Oceh 80921" was authorized to use the check "where the Defendant borrowed the check number 1 '○○○○○ 80727, par value 37,100,000 won and delivered the check as a collateral to prevent the check number 1,00,000 won."

2) The Defendant sent a book to D, etc. during the process of transferring a corporation, but the check number of which is 80728, such as D, is 200, 500, 80738, 700, 80921, 30735, 800, 800, 300, 800, 80,0000, 80,000,000, 80,000,000,000, 80,000,000,000, 80,000,000,00,000, 8,000,00,000, 8,000,000, 8,000,000,000,000,000,000,000,000,00,00.

D. Therefore, the prosecutor's allegation of mistake of facts is justified.

3. Conclusion

Therefore, the appeal by the prosecutor on the ground of mistake of facts regarding the acquittal portion among the judgment below is well-grounded, and this part of the facts charged is one type of punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is reversed in its entirety pursuant to Article 364(6) of the Criminal Procedure Act without further proceeding to decide on the grounds of unfair sentencing by the defendant and the prosecutor on the guilty portion among the judgment below, and is

Criminal facts

【Criminal Power】

On July 23, 2008, the Defendant was sentenced to six months of imprisonment for a violation of the Game Industry Promotion Act at the Seoul Southern District Court on July 23, 2008 and completed the execution of the sentence at the Seoul Southern Southern District Court on December 10, 2008.

[Criminal facts 【2015 Highest 1877】

On March 24, 2010, the Defendant reported false loss of the check number to the person in charge of the check number O, 80727, par value 3,710,000 won, and the date of issuance on April 16, 2010, as indicated at the ○○ Dong branch in Seoul, ○○○○-dong, Seoul, the Defendant reported false loss of the check number to the person in charge of the check number ○○-dong branch. However, the Defendant issued the check number 1, 1, 2, 3,000 won on April 16, 2010, 3,000 won on the check number ○ Dong branch in ○○-dong, Seoul, ○○-dong.

As a result, the Defendant filed a false report with a financial institution in order to escape payment of the check amount. [Criminal facts 2015 Highest 2540]

From December 3, 2008, the Defendant entered into a check contract in the name of the ○○ Dong branch of the Agricultural Cooperatives Federation and the Defendant, a representative director, and entered into a check contract in the name of the ○○○ Real Accounting Co., Ltd. and entered into a party check.

1. On June 5, 2010, the Defendant issued one copy of the check number per ○○○, Inc., Ltd., the name of “the date of issuance,” which is “the name of ○○○ Product Distribution,” at a non-permanent place, i.e., the check number 80921, i.e., OO., 70, 000, 100, 200 won.”

On June 7, 2010, the holder of the check presented the check payment to the National Agricultural Cooperative Federation, which was within the time limit for presentment of payment, but the Defendant did not receive the check payment as a disposition of suspension of transaction, as shown in the attached list of crimes. 2. On March 31, 2010, the Defendant changed the check number of 4 units in the name of the National Agricultural Cooperative Federation, which was in the name of ○○○○○-dong, Dongjak-gu, Seoul, 345 - ○○○○○○○○○ 80925, the check number of 36,50,000 won, and the check amount of 36,50,000 won. However, the Defendant reported the change of the check number of 1 unit units to the above head of the National Agricultural Cooperative on March 31, 2010.

Accordingly, the Defendant filed a false report with a financial institution in order to avoid the payment of the check amount. 3 On April 12, 2010, at the ○○ Dong branch of the said NACF, the Defendant filed a false report on the above and alteration of the check number to the person in charge of the check amount, 13, 500, 000 won, and 10 April 10, 2010 of the check amount, 'the check amount', 'the check amount', 'the check amount', and 'the date of issuance', 'the above ○○○ ○ ○ ○ ○○ ○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

As a result, the Defendant filed a false report with financial institutions in order to escape payment of the check amount. 【Criminal facts constituting a crime of 2015 high class2612】

From December 3, 2008, the Defendant entered into a check contract in the name of ○○ Real Accounting Co., Ltd., for which the Defendant works as representative director, and entered into a check contract in the name of ○ Real Accounting Co., Ltd. from around December 3, 2008.

On May 2010, the Defendant issued a check number 80737 at a non-permanent location, a check amount 25,000,000, and a check amount 25,000 won under the name of the Nong Bank under the name of the date of issuance ○○ Product Distribution by entrusting the holder of the check with the right to supplement in blank.

The Defendant: (a) on June 3, 2010, the date of issuance of the said check at ○○○ Branch of the Nonghyup Bank, which was within the time limit for presentment for payment; (b) on June 3, 2010, the Defendant presented a supplementary and presentation for payment on June 3, 2010, but did not receive any shortage of deposit.

Summary of Evidence

【2015 Highest 1877】

1. The defendant's partial statement in the original judgment

1. Examination protocol of the accused by the prosecution;

1. The legal statement of the witness D of the court below

1. A written accusation;

1. A copy of a check;

1. Business registration certificate;

1. A registration statement on the change of a seal imprint accident /

【2015 Highest 2540】

1. The defendant's partial statement in the original judgment

1. Legal statement of the witness C at the trial;

1. A written accusation;

1. A copy of each check;

【2015 Highest 2612】

1. The defendant's oral statement in the court below

1. A written accusation;

1. A copy of the list of units;

【Prior Records of Judgment】

1. 2015 Highest 1877: The current status of inquiry report, personal identification/ expropriation;

1. 2015 Height2540: A written inquiry and inquiry;

1. Highest 2015 highest 2612: A report on criminal records, etc.;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 4 (False Report to Financial Institution) of the Control of Illegal Check Control Act, Article 2 (2) and (1) of the Control of Illegal Check Control Act (the point of payment after the issuance of a check), and each choice of imprisonment, respectively.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

Although the Defendant is deemed to have led to some crimes, the health status is not good, etc., the punishment as ordered shall be determined by comprehensively taking account of various circumstances, including the following: (a) the amount of damage incurred by the instant crime exceeds KRW 300 million; (b) the victims have not been agreed upon; (c) the victims have not been recovered from damage; (d) the criminal records of the same kind have not been recovered; (b) the Defendant committed each of the instant crimes during the period of repeated crimes; and (c) the Defendant’s age and environment; and (d) the circumstances after the crime, etc., which are the sentencing conditions specified in

Judges Sung-ho et al.

Judges Kang Jong-chul

Judges Hak-chan

The list of crimes shall be made.

A person shall be appointed.