부정수표단속법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in indictment to add "Article 3 (1) of the Control of Illegal Check Act" to the applicable provisions of the law in the trial of the party, and since the subject of the judgment was changed by this court's permission, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence acknowledged by this court is identical to the facts stated in each corresponding column of the judgment below, except for the alteration of the actual issuance date of Nos. 5 and No. 6 in the chart of facts constituting the crime as indicated in the judgment of the court below to January 10, 2012 as stated in each corresponding column of the judgment of the court below. Thus, they are quoted as they
Application of Statutes
1. Articles 3(1), 2(2), and 2(1) of the Control of Illegal Check Act (which means a default on payment after the issuance of a check), Article 96 Subparag. 4, and Article 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 10719, May 24, 201); the choice of imprisonment for each type of crime
1. From among concurrent crimes, considering the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act and the fact that the face value of the check of this case is 350 million won in total, a sentence of sentence on the Defendant is inevitable.
However, when the defendant was in a trial, it is necessary to additionally collect 100 million won of face value 100 million won of face value check (Paragraph 5 of the table of the criminal facts stated in the original judgment), and the defendant has endeavored to recover the checks, and there are various circumstances that are conditions for sentencing, such as age and happiness environment of the defendant.