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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for one year.
(2) the date of this judgment.
Reasons
1. The court below dismissed the prosecution against the defendant on the ground that the defendant violated the Illegal Check Control Act relating to each check and check number C in the separate sheet Nos. 1, 3, 4, and 5 in the separate sheet Nos. 1, 2, 3, 5, and 6 in the separate sheet No. 1, 3, 4, and 6 in the separate sheet No. 1, 5 of the judgment of the court below among the facts charged in this case, and sentenced the defendant to one year by recognizing the defendant guilty of the remaining facts charged.
However, since only the defendant appealed against the conviction part of the judgment below and the dismissal part of the prosecution was not appealed by both a prosecutor and the defendant, the dismissal part of the judgment below became final and conclusive, the scope of this court's judgment against the defendant is limited to the conviction
2. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.
3. The lower court held that the Defendant faithfully endeavored to recover damage, such as recovering 10 out of 12 copies of the check prosecuted for the past, or receiving punishment from the holder, and that two copies of the remaining checks will be recovered in the future.
It seems that the defendant has been sentenced to one year of imprisonment in consideration of the circumstances that are favorable to the defendant, such as the fact that the defendant has no criminal record of probation or more, or that the amount of the unclaimed check reaches KRW 330 million, which are disadvantageous to the defendant.
However, on May 2, 2016, the Defendant deposited KRW 80,000,000 as 1061 from the Incheon District Court’s Busan District Court Branch Decision 2016 decided May 2, 201, with Han River ethyl as a arbitr, and on May 9, 2016, with Han River ethyl as a arbitr, and deposited a considerable amount of money for the recovery of damage, such as making an additional deposit of KRW 20,000,000 as 1115,000 for the said support, as the arbitra in 2016.
The age, sex, family relationship, environment, and age of the defendant.