부정수표단속법위반등
The judgment below
The guilty portion shall be reversed.
Defendant
A Imprisonment of 10 months, and the defendant corporation B shall be punished by a fine of 2,00.
1. Of the facts charged against Defendant A, the lower court dismissed the Defendants’ remainder of the charges on the ground that: (a) the part pertaining to Defendant A’s violation of the Act on Control of Illegal Check, 2017, 1248, 1,3,5,6, 2017, 5,5,000, 1920, 5,6, 3231, 3231, 3231, 50, and 201, 327, 327, 6, 327, 200, 200, 327, 327, 200, 327, 200, 3238, 200, 201, 201, 2017, 2017, 2638, 2638, 327, 327, and 6, of the Criminal Litigation Act.
Therefore, the scope of the judgment of this court against the judgment below is limited to the conviction of the defendants except the above part of the indictment time.
2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (hereinafter “Defendant A”): 10 months of imprisonment with prison labor; and Defendant B’s fine of KRW 3 million”) is too unreasonable.
3. The crime of this case is acknowledged that Defendant A issued the check of approximately KRW 430 million in total and did not receive the check of KRW 430 million as a result of the lack of deposit or the disposition of suspension of transaction; Defendant A did not pay KRW 13.5 million in total of the wages of two workers working at the Defendant’s workplace; even if the check of KRW 13.5 million is additionally recovered or the check of KRW 248 million in total is excluded from the check of the intention of the penalty.
However, the defendant recognized his mistake and reflects his depth, and does not seem to have defaulted on the check in bad faith, and the total sum of the checks charged for violating the Illegal Check Control Act is about KRW 1198 million.