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All convictions against Defendant A among the judgment of the court below shall be reversed.
Defendant
A Resolution of the First Instance shall be made.
Reasons
1. Scope of the deliberation per party;
A. As to Defendant A’s violation of the Control Act on Illegal Check No. 5 times in the annexed Table No. 2015, the lower court dismissed Defendant B’s prosecution as to the Defendants’ violation of the Act on Control of Check No. 4 in the annexed Table No. 2015, the check No. 5 in the annexed Table No. 2002, the check No. 2, the check No. 1 in the annexed Table No. 2, the check No. 2, the check No. 3, the “G” number No. 3, the check No. 1 among the charges in the same case, and the check No. 1638 in the annexed Table No. 2017, the check No. 4002, and the charge No. 2015 and the charge No. 4002, the lower court dismissed each of the charges against the violation of the Control of Check No. 5, the check No. 1 in the annexed Table No. 2015.
B. The lower court rendered a judgment of not guilty on Defendant A’s violation of the Control of Illegal Check Act due to each false report among the facts charged No. 4347, the lower court found Defendant A not guilty.
(c)
Since Defendants filed an appeal only against the guilty portion among the judgment below, and the prosecutor did not appeal against the dismissal portion of the above prosecution and the acquittal portion, the above indictment period portion and the acquittal portion were finalized, the scope of this court’s judgment is limited to the guilty portion among the judgment below.
2. Summary of reasons for appeal;
A. Defendant A 1) Fact-misunderstanding (as to the judgment of the court below No. 1), Defendant A did not issue the check, and even if the check was issued, it was issued upon request.
2) The respective sentences of the lower court, 1, 2, and 3, which are unfair in sentencing, are too unreasonable.
B. Defendant B’s misunderstanding of the facts as follows: (a) Defendant B entered into an agreement with Defendant A that it should not issue the Defendant’s check while borrowing KRW 110 million from Defendant A; and (b) deposited the book book and the corporate seal impression with Defendant A as security for the above borrowed money; and (c) Defendant A entered the check with Defendant A without his own permission. The number of checks as shown in the attached Table 1.