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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The court below found the defendant guilty of violating the Illegal Check Control Act with respect to the checks Nos. 5, 7, 8, 12, 13, and 15 in the facts charged in this case, and sentenced the court below to dismiss the public prosecution on the ground that the checks No. 1, 2, 3, 4, 6, 9, 10, 11, 14, 16, 17, and 18 in the judgment of the court below violated the Illegal Check Control Act with respect to the checks No. 1, 2, 3, 4, 6, 10, 10, 14, 16, 17, 18, and 18 in the judgment of the court below. Since only
2. The summary of the grounds for appeal (a year of suspended sentence in six months of imprisonment) of the lower court is too unreasonable.
3. The original facts charged were KRW 438,00,000,000,000 for the check 18, but the Defendant recovered 12 copies of the check at the original instance court. The Defendant endeavored to recover damage by recovering two copies of the check No. 5 and two copies of the check No. 13 (total face value KRW 368,00,00) as indicated in the judgment at the party instance, and reflects his mistake, and taking into account all the sentencing conditions indicated in the records and arguments of the instant case, including the Defendant’s age, character and conduct, criminal records, motive and circumstance of the instant crime, and circumstances after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
4. As such, the defendant's appeal is reasonable, and the guilty part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are as stated in each corresponding column of the judgment of the court below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1), Article 2(2) and (1) of the Control of Illegal Check Control Act and Article 3(2) and (1) of the Act on the Control of Illegal Check and the Selection of fines for crimes;