부정수표단속법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. As to the violation of the Regulation of Illegal Check Act in the annexed Table Nos. 10, 12 and annexed Table Nos. 1, 2, and 8 among the facts charged in the instant case, the lower court dismissed each public prosecution and sentenced the remainder of the charges.
However, since only the Defendant appealed against the conviction part of the lower judgment and did not appeal against the dismissal part of the public prosecution by both a prosecutor and the Defendant, the dismissal part of the lower judgment was separated and finalized as it is.
Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.
2. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
3. On the grounds of appeal, each of the crimes of this case, where the defendant did not pay 33 copies of a check worth a total of 165 million won per face value, shall be deemed to be disadvantageous to the defendant, in light of the content and method of the crime, degree of damage, etc., and the fact that 18 copies of a check worth a total of face value of 90 million won or a check worth a total of face value of 90 million won has not been recovered or has not been recovered, etc.
However, all of the facts of the crime of this case are recognized by the defendant, and there are some extenuating circumstances, such as that the defendant's mistake is against his depth, the failure to pay sales bonds and seems to result in each of the crimes of this case due to the management difficulties caused by the acceptance of the site for the place of business, etc., and that there is a special agreement with KK equivalent to the total face value of 5 million won at the court below, which is a 11-person holding a check equivalent to the total face value of 11,000 won at face value, collected four copies of check equivalent to the total face value of 20 million won at face value, the defendant is aged 74 years old, and the defendant seems to be relatively less healthy due to urology, etc., his family and sibling, etc. who want the wife of the defendant, there is no history of criminal punishment, and it is a primary offender who has no history of criminal punishment.