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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the public prosecution on the violation of the Illegal Check Control Act with respect to the check number “H” list, and sentenced the Defendant to a fine of KRW 3 million by recognizing the Defendant guilty of violating the Illegal Check Control Act with respect to the check number “F” list. Since only the Defendant appealed on the conviction portion and the rejection of prosecution by the prosecutor is finalized, the scope of the judgment of the lower court is limited to the conviction portion among the judgment below.
2. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
3. According to the records of this case, the defendant was indicted for violating the Illegal Check Control Act because he had no record of punishment for the same kind of crime and operated D Co., Ltd. operating the heating and cooling construction business, which caused the crime of this case to rapidly aggravated economic circumstances due to the failure to receive construction cost equivalent to about KRW 255,865,470 from other companies. The defendant was charged with the violation of the Illegal Check Control Act by issuing a note 9 of the previous prosecutor's total number of units and making it difficult to pay deposits to the bearer of the check who lawfully issued the check amounting to KRW 255,865,470, respectively. However, the court below recovered the number of units of this case 8 out of the above number of units before the decision of the court below was made and collected from the remaining number of units after the sentence of the court below, and taking full account of the defendant's age, character, character, environment, etc., the judgment below's punishment is more severe.
In addition, the court below erred by erroneously indicating the fact that the subject of the check contract is a corporation and omitting the necessary provisional payment, but the guilty portion of the judgment of the court below on the ground of unfair sentencing.