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The judgment below
Each of the crimes in the Supreme Court Decision 2019Ma1709, 2193, 2594, 3198, 3731, 4641, 6249, 2020 Godan327.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) Attached No. 2019 High-Ma3198 of the judgment of the court below (hereinafter the case number and crime sight table are omitted, and the case number and crime sight table are omitted.
(2) As to the two checks, the Defendant recovered the above check on January 2, 2020, which was prior to the pronouncement of the lower judgment, and this part of the facts charged should be dismissed. (2) As to each check, the Defendant borrowed KRW 100 million from B, and delivered the blank check in the form of blank as security, but the Defendant paid KRW 40 million to B, and the remainder was paid in full by the Defendant’s transfer of the goods of KRW 130,000,000,000, which was in the end of the Defendant’s management, and the Defendant did not have the authority to exercise the right to supplement the check, and the Defendant is not liable for violation of the Illegal Check Control Act against the said checks.
② Even if the Defendant is liable for violation of the Illegal Check Control Act with respect to the above checks, since the Defendant borrowed KRW 100 million from the BZ, the exercise of the supplementary right exercised in excess of the above amount constitutes an unfair supplement, and thus, the Defendant is not liable for violation of the Illegal Check Control Act with respect to the part exceeding KRW
For each check mentioned above 6 to 12 years, the Defendant recognized the right to supplement within the limit of KRW 10 million from the beginning with respect to blank forms of checks, and delivered the said checks. Thus, the Defendant cannot be deemed to be liable for the violation of the Illegal Check Control Act to the extent that the excess amount was unjustly filled.
B. Unreasonable sentencing: Imprisonment with prison labor for 2 months and 3 years and 6 months for the remaining crimes on the crime of 2019 Highest 5096 decision of the court below
2. Determination
A. Determination of misunderstanding of facts and misunderstanding of legal principles 1) A copy of the collected check submitted by the Defendant (a copy of the certificate No. 1), which was submitted by the Defendant, is recovered.