부정수표단속법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles have been engaged in transactions by delivering food materials to customers and issuing checks equivalent to the difference instead of receiving promissory notes in excess of the actual payment. Since promissory notes received from customers are not paid normally, the Defendant did not have intention to do so.
B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
2. Determination
A. The court below rejected the defendant's assertion and its defense counsel's assertion in detail under the title of "decision on the defense counsel's assertion" in the judgment of the court below as to the misconception of facts and misapprehension of legal principles. In full view of the evidence duly adopted and examined at the court below, the above fact-finding and judgment of the court below are just and acceptable, and the fact that the defendant did not receive the provisional coefficient mark as shown in the facts charged in this case and the defendant's intention can be sufficiently recognized.
Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.
B. The fact that the amount of the check which has not been determined on the assertion of unreasonable sentencing reaches a total of KRW 150,000,000, and that the check has not been recovered up to the trial is an unfavorable circumstance to the Defendant.
However, there are some extenuating circumstances, such as the circumstance in which the Defendant issued the instant check and the circumstance in which the Defendant did not receive the check, the Defendant’s primary offender who did not have any criminal power, and the Defendant’s health appears to be not good, and other favorable circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, the means and consequence thereof, and the circumstances after the instant crime, etc.