부정수표단속법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (one year of imprisonment) is too unreasonable.
2. The judgment of the court below is that the sum totaling up to KRW 140,000,000, and the sum totaling the sum obtained from the victim H is about KRW 500,00, which is disadvantageous to the defendant.
On the other hand, the defendant recognizes all of the crimes of this case and is against his mistake, and is sentenced two times before 197, there is no other criminal punishment except for those sentenced to a fine, recovery of the check and recovery from damage, etc., and with effort to recover the remaining checks other than the check number table No. 2 of the judgment of the court below, or with the restoration of damage, the holder of the check does not want the punishment of the defendant, and Article 2 (4) of the Illegal Check Control Act provides that even if the check is not recovered or the check is not recovered, the person who issued or prepared the check shall not be prosecuted against the clearly expressed intention of the holder of the check, so if it falls under such a case, the dismissal judgment shall be dismissed, but it shall be interpreted that the above default check is not recovered or the intention not to punish the holder of the check shall be dismissed before the judgment of the court of first instance is declared. Article 29 (3) of the Criminal Procedure Act is not applicable to the case where the holder of the check is not subject to the punishment of Article 29 (3) of the Criminal Procedure Act.
The victim of fraud does not want the punishment of the defendant by agreement with H, which is the victim of fraud.