부정수표단속법위반
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
1. In view of the fact that the unclaimed check, the summary of the reasons for appeal, as recognized by the lower court, is not more than seven copies (the total sum of KRW 35 million), but not more than 6 copies (the total sum of KRW 30 million), the sentence (the sum of KRW 4 million) imposed by the Defendant is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, according to the evidence submitted by the Defendant at the trial (the copy of a check and the statement of recovery of A customer's check issued by a new bank) before the prosecution of this case ( October 30, 2014), the Defendant’s withdrawal of the check Nos. 5 of the attached crime list of the lower judgment on August 28, 2014 (the Defendant recovered the check together with other checks), appears to be erroneous in the prosecutor’s investigation on September 18, 2014 and October 30 of the same year that “No check additionally recovered after the police investigation was conducted,” and thus, the lower court’s conviction cannot be reversed in its entirety under Article 7 of the Criminal Act, excluding the aforementioned portion of the check that was found guilty pursuant to Article 2 of the Act on Control of Illegal Check, and thus, cannot be reversed.”
3. Conclusion of the judgment below.