The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this shall not apply.

2. The judgment defendant did not have any record of being punished for the same kind of crime in addition to the punishment of three times of fine, and the victim I and N in the trial and agreed with the victims.

In the first instance, all checks used to commit the instant crime were recovered.

In addition, examining all the records of this case and the sentencing conditions as shown in the pleadings, such as the age, character and conduct, environment, and motive and circumstance leading to the instant crime, etc. of the Defendant, the punishment sentenced by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted 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 Control Act (which means the default of payment after the issuance of checks), Articles 347 (1) and 30 of the Criminal Act, and the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);