The prosecutor's appeal is dismissed.

An application for remedy by an applicant for compensation shall be dismissed.

1. The first instance court's decision on the scope of the trial in this Court dismissed the prosecution as to the violation of the Act on the Control of Illegal Check against Check Nos. F and G, among the facts charged in this case, and convicted the remainder of the facts charged. The prosecutor appealed for the reason that sentencing was unfair. Although the prosecutor stated the scope of appeal as "the whole" but it is obvious that the reason for appeal was unfair in sentencing for the guilty portion, even if the prosecutor's appeal was accepted, the result does not affect the dismissal part of the first instance trial prosecution.

Therefore, the part dismissing the first deliberation prosecution was separated from the prosecutor's appeal.

Therefore, the scope of this court's judgment shall be limited to the conviction part of the judgment of the first instance.

2. The summary of the grounds for appeal (unfair sentencing) of the first instance-oriented sentence against the Defendants (Defendant A: 2 years of suspended sentence in one year and six months of imprisonment; Defendant B: 2 years of suspended sentence in six months of suspended sentence) is deemed to be too uneasy and unfair.

3. In the case of Defendant A, the amount acquired by the accomplice by taking part in the criminal act of fraud has reached KRW 350 million,000,000,000 until now, and the damage has not been recovered, and the gains acquired by the above Defendant are not much than KRW 60,00,00,000, the amount of the check not recovered by the Defendants is up to KRW 50,000,00,000, including the suspended execution in the past, Defendant A had a history of criminal punishment on several occasions, and Defendant

However, Defendant A’s health conditions, such as continuing surgery and hospitalization at a hospital due to liver cancer, urology, etc., are extremely poor, and the above Defendant was prevented from committing the instant crime in order to raise funds for hospital expenses, etc. while suffering economic difficulties due to import failure for such reasons.