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(영문) 대구지방법원 2016.02.18 2015노4848
부정수표단속법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The determination is not that the victims’ damage is less than KRW 100,000,00 in total face value of each check issued by the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) recovered KRW 80 million out of the check money in the first instance trial; (c) recovered KRW 80 million from the check money; and (d) agreed with the holder re-afforest corporation, the holder J, the holder of the check-to-be trade corporation; (c) the Defendant has no record of being punished for the same kind of crime; and (d) the Defendant’s age, environment, occupation, family relationship; (c) details leading to the instant crime; and (d) circumstances subsequent to the instant crime, etc., the lower court’s sentence is

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), Article 2 (2), and Article 2 (1) of the Control of Illegal Check Act concerning facts constituting an offense and Article 3 (1), Article 2 (2), and Article 3 (1) of the Act on the Control of Illegal Check of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);

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