부정수표단속법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant issued 31 copies of the check and did not pay the check due to the shortage of deposits, the Defendant’s sentence of imprisonment with prison labor is inevitable, considering the following: (a) in light of the method and circumstances of the crime, the total sum of the checks in arrears is not less than 150 million won; and (b) a number of checks are not recovered yet.
However, the defendant shows an attitude against the defendant to recognize the crime of this case, the defendant recovered six copies of the check in the first instance, the G company paid money to K for recovery of the check, but failed to recover the check (except for six copies of the check recovered), the G company which is the receiving of the check, the G company which is the receipt of the check, and the G company which filed a written application to the effect that the defendant complained of the defendant's preference to the defendant, and the defendant was the first offender who has no record of criminal punishment prior to the crime of this case, and other favorable circumstances such as the defendant's age, character and conduct, environment, method of crime, circumstance, etc., and all of the sentencing conditions shown in the records and arguments of this case, it is unfair for the court below to punish the defendant.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of facts and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except where the "within the period of payment proposal" in Part 2 of the judgment of the court below among the facts constituting the crime of the court below is deemed to be "within the period of payment proposal". Thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The punishment of Article 2 (2) and (1) of the Control of Illegal Check Control Act with respect to the facts constituting an offense and Article 2 (2) and (1) of the same Act;