The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (eight months of imprisonment) is too unreasonable.

2. Determination of each of the instant checks is based on the following: (a) the amount of the nonperformance of each of the instant checks was small; and (b) the fact that each of the checks possessed by the DNA Korea Stock Company is not recovered is disadvantageous to the Defendant.

However, when the defendant operates "E" in good faith for 16 years, he traded in normal conditions, such as timely settlement of alcoholic beverage price. Some business employees set up Q " Q" at once, which is a competitor, and seems to fall into serious financial difficulties due to the defendant's major customers, and collected three copies of the check held by Punoa Korea Co., Ltd. (44 million won in total) since the defendant continued to make efforts to repay losses after default, the defendant collected three copies of the check held by Punoa Korea Co., Ltd., Ltd., and the transfer of business is promoted on condition of accepting the outstanding amount of "E", and there is a high probability that substantial damage may occur between the transfer of business, and as a result of the examination of the previous trial, there is no possibility that considerable portion of the sales price of the apartment house owned by the defendant in the immediately preceding time would have been paid to the employees' overdue wages and arrears of the company or the defendant, and there is no previous suspended execution or punishment for the defendant.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below.