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(영문) 서울중앙지방법원 2014.01.03 2013노2563
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant, even after the issuance of a summary order, has recovered some shares of the party after the issuance of the summary order, and the defendant faces difficulties due to financial difficulties, the punishment of the court below (4 million won of the fine) is too unreasonable.

2. Although there are circumstances, such as the fact that the Defendant’s mistakes, the fact that there was no history of punishment heavier than a fine, and that there was no history of collection of a part of the number of units, the Defendant still has been recovered, the total sum of the number of units of units that the Defendant has not recovered, and the lower court appears to have sentenced to a punishment that has been reduced than that of the summary order (fine 4,500,00) by taking account of various circumstances, such as the purchase of the number of units of units recovered by the Defendant and the total sum of face value, and taking into account all other circumstances, including the Defendant’s age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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