Text
The part concerning Defendant A and B among the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
Defendant
A Punishment for A.
Reasons
1. The first instance court's decision on each of the facts charged in this case against Defendant A and B as to the violation of the Illegal Check Control Act due to the issuance of checks listed in [Attachment 1] No. 1 of the crime sight table among the facts charged in this case, but the above Defendants appealed only on the guilty part. Since the part of dismissing public prosecution which was not appealed by both parties became final and conclusive, the scope of the judgment of this court is limited to the guilty part.
2. The following sentence imposed by the lower court on the Defendants is too unreasonable.
O Defendant A: Imprisonment with prison labor for 4 months and 2-A for the first crime as stated in the first instance judgment.
crime, 5-A
A. Crimes, 6 and 7
Defendant B of June who was sentenced to imprisonment with prison labor for a crime of one year and four months and a fine of five hundred thousand won and a fine of two hundred thousand won, and Defendant D of June who was sentenced to imprisonment with prison labor for a term of ten months and a stay of two years as stated in the judgment of the court below: the crimes of the third and 4-A.
Two years of imprisonment with prison labor for crimes and crimes of No. 5, and No. 4-B of the decision of the court below.
P.O Defendant E with respect to a crime: fine of KRW 10 million: fine of KRW 8 million
3. Determination
A. (1) With respect to Defendant A, ex officio (1) judgment (2-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-U-A-U-A-U-A-U-U-U-U-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-
crime, 5-A
A. Crimes, 6 and 7
The crime and the crime committed by the second instance court guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be sentenced within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act. In this regard, Article 2 of the first instance judgment is the same.
crime, 5-A
A. Crimes, 6 and 7
Criminal parts and the judgment of the court of first instance cannot be maintained.