부정수표단속법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Scope of the trial of the political party, and a summary of the grounds for appeal;
A. The lower court found the Defendant guilty of violating the Illegal Check Control Act with respect to the checks listed in Table 1 of the crime sight table, and sentenced the suspended sentence, and dismissed the Defendant as to the violation of the Illegal Check Control Act with respect to the checks listed in Table 2 of the crime sight table in the lower judgment.
However, as to the conviction portion of the court below, only the defendant appealed on the ground of unfair sentencing, while the defendant and the prosecutor did not appeal the dismissal portion of the public prosecution, so the scope of this court's judgment is limited to the conviction portion of the court below.
B. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (two years of suspended sentence in eight months of imprisonment) is too unreasonable.
2. The crime of this case requires a strict punishment for the cases that interfered with smooth commercial transactions by issuing a considerable amount of check several times, and thus interfered with the smooth circulation transaction. Although there are some unfavorable circumstances to the defendant, such as the fact that the check yet to be recovered by the defendant due to the crime of this case reaches the total amount of KRW 40 million, the total amount of KRW 8,000,000. However, there is no record of punishment for the same crime or the suspension of execution or more before the defendant's mistake and there was no record of punishment prior to the crime of this case. The defendant, as a pharmacist, issued a check to purchase drugs from the customer without any particular problem for 25 years, caused the crime of this case. The defendant recovered the check as indicated in the No. 4 of the crime list of this case at the trial of the defendant, and the defendant recovered the check as stated in the No. 1812, which had been recovered before the pronouncement of the judgment of the court below, other favorable circumstances, such as motive, means and consequence of each crime of this case, the defendant's age and circumstances, etc.