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The judgment below
The guilty portion against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. Of the facts charged in this case, the lower court dismissed the prosecution as to the violation of the Illegal Check Control Act as stated in the attached Table 1-4, 16, 29, and 31 of the crime sight table 1-4 of the judgment below, and convicted the remainder of the facts charged.
In this case where only the defendant filed an appeal on the ground of unfair sentencing, the dismissal of the above dismissal of the public prosecution has already been finalized, and only the guilty portion of the judgment below becomes the party member.
2. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
3. Even if the sum of the face value of the unpaid check is considered to have been recovered until the trial at the trial, the amount of KRW 65 million was reached, and the amount of damage (amount equivalent to KRW 72,500,000) to the defrauded H was not recovered. It is inevitable to sentence the Defendant’s sentence against the Defendant.
However, it shows the attitude of the defendant to make a confession and reflect on the crime, the court below paid the victim J a considerable amount of damage, and the above victim did not want the punishment of the defendant, and the court below made two copies of the non-paid check in the second instance.
1. In full view of the fact that the defendant has made efforts to recover the check, such as additionally recovering 17,19 a year, there is no criminal history prior to the instant case, and other factors of sentencing as shown in the records and arguments in the instant case, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable. 4. As such, the defendant’s appeal is reasonable. Thus, the part of the judgment below’s conviction is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.