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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (one and half years of imprisonment) is too unreasonable.
2. The judgment of the court below is justified, in light of the following: (a) the Defendant made confessions of all the crimes of this case and reflects their depth; (b) there are circumstances that may be considered in light of the circumstances leading to the crime of this case, such as worship and embezzlement of the trusted partner; (c) the Defendant did not have any particular criminal record; (d) the Defendant’s total face value of KRW 300 million (which was first sold at the check No. 929 at the end of 2015, but later transferred to AJ) in agreement with the ZZ of the Check holder of the Check at the face value of KRW 300 million (which was later the check No. 929 at the end of 2015, but was later assigned to AJ), the Defendant expressed his intention not to be punished; (e) the Defendant’s age, sex and environment; (e) the circumstances after the commission of the crime; and (e) other matters concerning the sentencing as indicated in the records and changes
3. In conclusion, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court 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 Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Regulation of Illegal Check of Punishment;
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. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);