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(영문) 서울서부지방법원 2014.06.19 2014노446
부정수표단속법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant, in collusion with the above defendant A, commits a mistake of fact (defendant B) or attempts to acquire money by altering the check or by using it.

B. The lower court’s sentence (five months of imprisonment and two million won of fine) is too unreasonable.

2. Determination

A. Defendant A, an accomplice of the lower court, who is the witness of the lower court, issued a copy of the cashier’s check at the request of Defendant B from the prosecution to the lower court, and stated that the cashier’s check that altered KRW 10.5 million to KRW 30 million was issued from Defendant B, and presented it on the bank counter. The lower court convicted Defendant B of each of the facts charged in this case by comprehensively taking account of the above statements and other evidence admitted in the lower court’s judgment. In other words, the lower court erred by misapprehending the two and one half of the cashier’s check issued by H, one hundred and one hundred five hundred five hundred five hundred five thousand won cashier’s check issued by H, and the Defendants were punished by taking account of the following circumstances acknowledged by the evidence of the lower court. The lower court’s determination that the Defendants attempted to take over the money by using the altered cashier’s check, and that the Defendant bank requested alteration at the time of the lower court’s request, and that the Defendant’s act of altering the cashier’s check at KRW 350,000,00.

B. All the Defendants may have a number of records of punishment for the same kind of crime, and the instant crime is a conclusive intentional crime in accordance with the strict plan, in light of the method, etc.

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