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(영문) 인천지방법원 2017.04.14 2016노4401
부정수표단속법위반등
Text

The judgment below

The guilty portion against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Ex officio determination

A. The summary of this part of the facts charged (as indicated in the judgment of the court below, 1.5 Daz. 3505 Daz.)

On October 30, 2014, the Defendant conspiredd with Defendant C on the lower judgment, and marked the name “K Company N” in advance on the back of the check amount of Q Qu, the payment date, and the check amount of KRW 17,00,000,00, in collusion with Defendant C on October 30, 2014, the Defendant stampeded the name tag “K Company N” and stamped N on the name side of the check.

2) The Defendant, in collusion with C, requested a discount of the check at the T Office located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, to an employee under his name who is aware of the forgery, and exercised the said one copy of the check which forged the endorsement as if it was genuine.

B. 1) The defendant, as to the facts charged in this part, is led to the confessions made by the court below and the trial court, and each statement made by AC, U, and C to the investigation agency.

2) However, in full view of the above circumstances, the back pages of the check number " Q" submitted by AC, the complainant attached to the complaint, the seal of "K company N" or N is not affixed to the column of endorsement (the page 14 of the evidence record No. 2016 high order order 3505 high order order 3505). According to the Incheon District Court's written judgment (2014Ga group 258945), Plaintiff AC requested payment of the amount of the bill and the check as an endorser except for the above check number (the page 3, 2016 high order 3505 evidence No. 805 of the evidence record), on the premise that the former part of the check number " Q" was not endorsed by N, the evidence submitted by the prosecutor alone is reasonable.

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