The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall be imposed on the defendant.

1. In the case of violation of the Control of Illegal Check Control Act with respect to the check number B among the facts charged in this case, the court below dismissed the public prosecution on the ground of the recovery of the check, and sentenced the defendant guilty as to the violation of the Control of Illegal Check Control Act. Since only the defendant appealed the conviction part and dismissed the public prosecution without the prosecutor's appeal, the part of the party members' appeal shall be limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is too unreasonable that the penalty (three million won of fine) imposed by the court below on the defendant is too unreasonable.

3. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant did not have any history of punishment as a crime of the same kind; (b) the Defendant made efforts to recover damage by additionally recovering a check of 6 million won in face value when the Defendant was in a trial; and (c) the Defendant’s perception of the instant crime and reflects the Defendant’s mistake in depth; and (d) the Defendant

4. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning facts constituting an offense and Article 2 (2) and (1) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the term “H” check number with the largest number of concurrent crimes) is 1.0% of concurrent crimes with punishment stipulated in the violation of the Illegal Check Control Act.