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(영문) 인천지방법원 2014.11.28 2014노2010
부정수표단속법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment is too heavy (six months of imprisonment) or is too unhutiled (the defendant).

2. The judgment of the court below, which is equivalent to KRW 5,00,000 in total face value at a trial, is the confession and reflect of all the crimes in this case, there is no record of punishment for the same kind of crime, and the degree of participation is relatively minor compared to the above defendant B in the case of a crime in violation of the Control of Illegal Check Control Act.

1. 6. 6. On the other hand, even if the sum of face value on the list of the previous units of shares exceeds KRW 213,00,000,000, the unpaid amount is considerably large; the embezzlement of the victim H is the maximum amount exceeding 30,000,000, and there is no full damage recovery measure up to the trial; and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the crime, the punishment imposed by the court below is too heavy or less.

3. If so, the defendant and the prosecutor's appeal against the judgment of the court below are without merit. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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