The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the sum of the checks issued by the Defendant reaches KRW 680 million and that the outstanding amount of the checks exceeds KRW 380 million is disadvantageous to the Defendant.

However, there are the following favorable circumstances for the defendant.

The Defendant recognized all the crimes of this case and reflected the mistake.

Most of the checks issued by the Defendant are issued as security for N’s existing obligations, and the remaining checks are also issued for the purpose of security in the course of reorganization of the business, and there is a reason to consider the particulars of the issuance of the checks.

Although the business operated by the Defendant is in default, it has been tried to recover the check and collected approximately KRW 290 million in the first instance, and it shows its intention to recover the remainder of the check in the future.

The defendant has no same record and has no record of being punished for a heavier punishment than the suspension of execution.

In addition, considering various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the sentence of the lower court is too unreasonable.

The defendant's appeal is with merit.

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

【Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to the facts stated in each corresponding column of the judgment below. 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 Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Regulation of Illegal Check of Punishment (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.