부정수표단속법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 200,000,000.
The above fine shall not be paid by the defendant.
1. According to the progress records of the case, the following facts are recognized.
A. On February 12, 2015, the Defendant and the applicant for a retrial (hereinafter “Defendant”) were sentenced to a fine of KRW 20 million (hereinafter “the lower judgment”) on the grounds that the Defendant and the applicant for a retrial were in violation of the Act on the Control of Illegal Check (No. 2934). B. The prosecutor appealed for the reason that sentencing was unfair, and the Suwon District Court accepted the prosecutor’s appeal on October 6, 2015 and reversed the lower judgment and sentenced the Defendant to a fine of KRW 200 million (hereinafter “the judgment subject to a retrial”). However, on December 15, 2015, the judgment subject to a retrial became final and conclusive due to the Supreme Court’s dismissal of the final appeal on December 15, 2015 (No. 16316).
The judgment subject to a retrial was rendered by applying Article 70(2) of the Criminal Act, which was amended by Act No. 12575, May 14, 2014, with the sentence of a fine of KRW 200 million to the Defendant, and sentenced to 200,000,000 per day conversion. On October 26, 2017, the Constitutional Court rendered a decision that Article 2(1) of the Addenda of the Criminal Act, which provides that Article 70(2) of the said amended Criminal Act, which applies from the first case where a public prosecution is instituted after the enforcement date of Article 70(2) of the said amended Criminal Act, is in violation of the principle of infinite punishment, and thus is unconstitutional (the Constitutional Court Order 2015HunBa239, 2016HunBa177 (Consolidation)).
Accordingly, on January 19, 2018, the Defendant filed a request for a new trial on the judgment subject to a new trial, and this court rendered a decision to commence a new trial on the judgment subject to a new trial.
2. In light of the following: (a) the sum of face value of the check issued by the Defendant exceeds KRW 115,00,000; (b) the Defendant has escaped abroad for a long time to be exempted from punishment for each of the instant crimes; and (c) the Defendant has not yet recovered from damage up to now, it is unreasonable for the lower court to impose a fine of KRW 20,000,000 on the sole basis of the summary of the grounds for appeal.
3. The scope of the adjudication of this Court and the Constitutional Court Act are the provisions of penal law.