부정수표단속법위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 8,00,000 won.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, a fine of 15 million won) is too unreasonable.
2. Determination of the facts that the face value of the check which was not paid as a result of the instant crime exceeds KRW 100 million, the total sum of the total tax invoice by customer entered falsely exceeds KRW 132,916,00, and the fact that the Defendant was punished for the violation of the Illegal Check Control Act, etc., are disadvantageous to the Defendant, or that the Defendant acknowledged and reflects the instant crime, that there was no record of punishment exceeding the fine, that the Defendant was punished for the violation of the Illegal Check Control Act, and that there was no record of punishment for the violation of the Punishment of Tax Evaders Act, that there was no record of punishment for the violation of the Punishment of Tax Evaders Act, that there was no record of punishment for the violation of the Punishment of Tax Evaders Act, that there was no record of punishment for the violation of the Punishment of Tax Evaders Act as a managing director, and that there is no record of the Defendant’s age, character, environment, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and (1) of the Control of Illegal Check Control Act (amended by Act No. 7321, Dec. 31, 2004; Amended by Act No. 9919, Jan. 1, 2010) regarding criminal facts and Article 11-2(4) of the former Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 201).