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(영문) 춘천지방법원 2017.11.29 2017노607
부정수표단속법위반
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, attached Form.

Reasons

1. Of the facts charged in this case, the lower court dismissed the prosecution as to the violation of the Act on the Control of Illegal Check in Case Nos. 1, 2, 3, 4, 5, 7, 8, 10, and 11 of the attached Table 1 of the List of Crimes in the judgment below among the facts charged in this case, and dismissed the prosecution as to the remaining facts charged, and dismissed the prosecution as to the remaining facts charged Nos. 3 and 4 of the attached Table 2 of the List of Crimes in the judgment of the first instance on the date of pleadings.

Defendant

In this case where only the appeal was filed, the dismissal part of the above indictment was already finalized, and only the guilty part of the judgment below is subject to a party member's judgment.

2. Summary of reasons for appeal;

A. The judgment of the court below which found the defendant guilty of violating the Illegal Check Control Act without dismissing the public prosecution as to this part of the charges although the number of statements No. 1 per year attached to the crime committed by misunderstanding the facts or misunderstanding the legal principles, was collected, and there is an error of misunderstanding the facts or

B. The sentence of the lower court (one year and six months) is too unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. On May 10, 2016, the Defendant issued one check number “F”, “5,00,000 won”, “5,000 won”, and “F. 1 July 1, 2016” under the name of the said bank C at the office of the Co., Ltd. located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), and issued one check under the name of the said bank C. The said check holder, who presented the said check to the said bank on July 1, 2016, within the period for presentation, failed to pay the said check due to shortage of deposit, and the Defendant issued one check as once again in the attached Table 2 of the List of Crimes No. 1, and even if the check holder presented the check within the period for presentation, he did not pay the check.

B. The lower court found the Defendant guilty of the charges regarding one check No. 2 of the annexed Table 1, as stated in the foregoing paragraph (1), on the basis of the comprehensive examination of the used evidence. However, according to the records, the check prior to the pronouncement of the lower judgment was recovered.

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