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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
provided that this ruling has become final and conclusive.
Reasons
1. Scope of the party examination, and a summary of the grounds for appeal;
A. As to the violation of the Illegal Check Control Act as stated in the separate sheet Nos. 1, 6, 7, 12 through 14, 20, 25 through 28 among the facts charged in the instant case, the court below dismissed the public prosecution on the grounds that the holder of the check was not subject to punishment. The court below found the Defendant guilty of each fraud against the victim G, the victim, and the Cho C&D Co., Ltd., as stated in the separate sheet Nos. 2 through 5, 8 through 11, 15 through 19, 21 through 24, and sentenced the Defendant to one year of imprisonment, and only the Defendant appealed against the aforementioned guilty part.
Therefore, since the part of the judgment of the court below that the prosecutor and the defendant did not appeal becomes final and conclusive, it is limited to the guilty part of the judgment below.
B. The summary of the reasons for appeal (one year of imprisonment) by the lower court is too unreasonable.
2. The crime of this case committed several times with a considerable amount of money issued and thereby undermining smooth distribution transactions in commercial transactions by granting a certain amount of money in return for the failure to repay debts. In addition, the crime of this case committed by the Defendant was committed with the deception of the victim G and Cho Jae-di, which is bad in the quality of the crime. Among the checks issued for the crime of this case, the face value of the checks which the Defendant has yet to recover is 40,000,000 won in total, and the Defendant escaped after the crime of violating the Illegal Check Control Act is disadvantageous to the Defendant.
However, since 203, the defendant was engaged in the distribution business for about 10 years since 2003, and he issued checks without any particular problem and purchased the goods from the customer, such as Cheongbu, and so on. The economic situation is due to competition with the large distributor around 2013.