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(영문) 의정부지방법원 2020.02.07 2019노3398
부정수표단속법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of four years and a fine of two hundred million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment, and fine of 400 million won) is too unreasonable.

B. A prosecutor 1) misunderstanding of facts (not guilty part in fraud against B) made a statement about the amount of damage caused by fraud in the police, the prosecutor's office, and the court below. Of the victim B's statements, the victim B's statement at most adjacent police at the time of the crime should be deemed to be the most reliable. According to the victim B's statement at the police police station, it is reasonable to deem that the defendant deceiving the victim B as stated in the facts charged against the victim B, thereby deceiving the sum of KRW 145,625,00 in total, as stated in the facts charged against the victim B, the court below found the defendant guilty only of the amount of KRW 47 million [Attachment Table 3 2,4,625,00 [Attachment 3] and the remaining 98,625,00 won [Attachment 1, 3,5,700] was not guilty. Therefore, the court below erred by misapprehending the legal principles that affected the conclusion of the judgment, and by citing Article 208 of the former Act on the Use of Securities Act.

However, it is reasonable to view that the act of forging an endorsement of a check constitutes “a counterfeited” under Article 5 of the former Illegal Check Control Act. Therefore, the court below erred by misapprehending the legal principles as seen above.

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