Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A Imprisonment with labor for a year and for a fine of KRW 10 million;

A. The sentence (unfair sentencing) imposed by the lower court on the Defendants (defendant A: imprisonment of one year, fine of one million won, confiscation, confiscation, Defendant B: imprisonment of eight months, confiscation, Defendant C: fine of three million won, confiscation, and confiscation) is too unreasonable.

B. In full view of the following, Defendant B’s mistake of the fact: (a) was closely related to the Defendant A who forged a check of KRW 5 million at face value (the check number: Nonghyup Bank L; hereinafter “the check of this case”); (b) Defendant B’s change in the lawsuit that Defendant B, who acquired the check of this case by chance, cannot be readily accepted; and (c) Defendant B issued the check of this case to N and asked Defendant B not to use the check of this case; and (d) the use of the check of this case was demanded by Defendant B while issuing the check of this case. In full view of the fact that the check of this case was forged, Defendant B can be found to have used the check by delivering it to N

Nevertheless, among the facts charged in this case, the judgment of the court below which acquitted Defendant B of the exercise of securities by forgery is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to Defendant A and B is too uneased and unreasonable.

2. Determination

A. In the judgment of the court below on the ground of ex officio appeal as to the part concerning Defendant A, where a fine is imposed ex officio as a violation of the Illegal Check Control Act, prior to the judgment on the ground of appeal as to the part concerning the judgment of the court below, the provisional payment order shall be imposed in accordance with Article 6 of the Illegal Check Control Act. However, the court below sentenced Defendant A to a fine of KRW 10 million as a violation of the Illegal Check Control Act, but omitted the provisional payment order as to the above fine, and thus, the part concerning Defendant A among the judgment below cannot be maintained.

B. On September 16, 2016, at around 10:00 on September 16, 2016, Defendant B forged a copy of the facts charged by Defendant B, as indicated in paragraph (2) of the facts constituting the crime in the lower judgment, using a printed machine.