(영문) 전주지방법원 2016.05.20 2015노1170 | 리걸엔진

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(영문) 전주지방법원 2016.05.20 2015노1170

부정수표단속법위반

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and a fine of seven million won) is too unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant in the amount equivalent to KRW 95 million and did not receive deposits due to the shortage of deposits, etc., the crime of this case should be strictly punished by the Defendant in light of the following: (a) the crime of this case was committed; (b) the amount of the check which has not yet been recovered is equivalent to KRW 5 million; (c) the distribution transaction of the check was impeded due to the crime of this case; and (d) the victims might have suffered considerable economic difficulties.

However, the defendant's perception of the crime of this case and reflects his wrongness in depth, there is no record of criminal punishment or criminal punishment exceeding a fine for the same crime before, and the defendant's effort to recover damage by recovering a default check equivalent to KRW 40 million in the depth of the case (the amount of a default check which was not prosecuted). The family check of this case was issued for the defendant for his own, not for his own, but for his own, and the family check of this case led to his default due to the impossibility of his business being operated by his person. In full view of the circumstances leading to the crime of this case, the defendant's age, sexual behavior, environment, and other various sentencing conditions shown in the records and arguments of this case, the court below's punishment is too too unreasonable. Thus, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with 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 corresponding columns 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) of the Control of Illegal Check Act concerning facts constituting an offense.

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