부정수표단속법위반
The judgment below
The guilty part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
(b).
1. The judgment of the court below against the defendants in the summary of the grounds for appeal (the defendant A: imprisonment with prison labor for one year, and the defendant B: fine of five million won) is too unreasonable.
2. The court below dismissed the prosecution as to the violation of the Control of Illegal Check Control Act due to the issuance of the check number E and F among the facts charged in the instant case, and since the aforementioned dismissed part is separated and confirmed as it is without an appeal, the above dismissed part shall be excluded from the scope of the judgment in this Court.
3. Determination
A. As to Defendant A’s assertion of unreasonable sentencing, there are circumstances in which: (a) the scale of the defaulted check is considerable and its nature is not good; and (b) the three copies of the defaulted check have not yet been recovered at par value of KRW 70 million.
However, the defendant A recognized the crime of this case, and collected five copies of the default check of 100 million won in the trial, and continued efforts to recover three copies of the default check.
Defendant
A has no record of being punished for the same crime.
In addition, considering the following circumstances, Defendant A’s age, character and conduct, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime was committed, the sentence imposed by the court below is too unreasonable.
Therefore, the defendant A's above assertion is justified.
2. There are circumstances in which five copies of the default check of KRW 100 million on the part of the Defendant Company B’s assertion of unreasonable sentencing are collected at the trial of the lower court.
However, due to the crime of this case, since the scale of the checks in arrears is significant, the crime of this case is not appropriate, and three copies of the checks in arrears with the total face value of KRW 70 million have not yet been recovered.
In addition, in full view of the various circumstances, such as the motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, the lower court.