부정수표단속법위반
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
1. The lower court dismissed the public prosecution for the part of the charges against the Defendant’s collection of checks, and convicted the Defendant of the remainder of the charges.
Therefore, since only the defendant appealed against the guilty portion of the judgment of the court below, the scope of the judgment of this court is limited to the guilty portion of the judgment below.
2. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.
3. Although the total face value of the check that the Defendant did not pay, the Defendant did not have any particular problem for more than 20 years since a check transaction was conducted on January 1, 1995, considering the following: (i) the Defendant does not seem to have caused any particular problem; (ii) the crime of this case also appears to have been attributable to the business depression; (iii) the Defendant recovered the check from the investigation stage of this case even though the Defendant was faced with an economic difficult situation; (iv) the Defendant has recovered the check from the investigation stage of this case; and (iv) the Defendant has made efforts to correct and recover the check after the pronouncement of the lower judgment; and (iv) the Defendant has no criminal record, the lower court’s sentencing is somewhat heavy.
The decision is judged.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is ruled again after pleading as follows.
[Judgment of the court below - Of the judgment of the court below, the summary of the crime and evidence recognized by the court against the defendant is the same as the corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, and Article 2 (2) and (1) of the Act on the Control of Illegal Check, and Selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The Criminal Act to attract a workhouse;