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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for two years.
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 with respect to the check number table Nos. 4, 7, 8, 9 and check number No. 3, and check number No. 4, 8, 9 of the judgment of the court below among the facts charged in the instant case, the court below dismissed the public prosecution on the grounds of the collection of check, and found the Defendant guilty of the violation of the Illegal Check Control Act listed in No. 1 through No. 3, 5, 6, 10, and 12 of the attached crime list No. 1 through No. 3, 5, 6, and 12, and of fraud against the victim I and N, and sentenced the Defendant to imprisonment for two years and six months.
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 gist of the reasons for appeal (two years and six months of imprisonment) of the lower court is too unreasonable.
2. The crime of this case was committed by deceiving the victim I and N in a fraudulent manner despite the fact that the defendant had already borne a large amount of debt, and the crime of this case was committed by deceiving the victim I and N in a fraudulent manner. Of the checks issued as a result of the crime of this case, the fact that the face value of the checks which the defendant has not yet recovered exceeds approximately KRW 300 million is disadvantageous to the defendant.
However, the defendant's mistake is recognized, and the defendant issued checks and traded them without any particular problem while engaging in oil transport business for about 20 years, resulting in the crime of this case due to the management difficulties of the company. The victim N and the defendant did not want the punishment of the defendant. After the decision of the court below, the above judgment Nos. 2, 3, and 5 are stated in the list of crimes in the annexed Form 2, 5.