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(영문) 서울동부지방법원 2013.09.06 2013노760
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (the fine of KRW 6,00,000) imposed by the court below against the defendant is too unreasonable.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is recognized, the business has been conducted in good faith for 20 years, but the circumstances such as business depression and the violation of the contract by the trader are overlapped, and thus the failure to repay was deemed to occur, some of the defaulted checks are recovered, and there is no criminal record other than criminal punishment due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 198. However, the total amount of the remaining defaulted checks is up to 5 million won, and the court below imposed a reduction of fines for the summary order in consideration of the circumstances favorable to the defendant, such as the motive and circumstances leading to the crime of this case, the situation before and after the crime of this case, the defendant's age, character, environment, occupation, family relation, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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