The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A Imprisonment for eight months and fines for 5,000,000 won.

1. The court below rejected Defendant B as to the violation of the Illegal Check Control Act on the check number “F”, face value “50,000,000 won” among the facts charged in this case. However, the above Defendant appealed only on the guilty portion. Since the part of dismissing public prosecution which was not appealed by both parties became final and conclusive, the court below's judgment against Defendant B is limited to the guilty portion.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for the Defendants A and fines of KRW 5,00,000, and imprisonment with prison labor for the Defendants B and 2 years of suspended execution) are too unreasonable.

3. Determination

A. After Defendant A transferred the right to his victim H (hereinafter “victim”) to Defendant A, the crime of this case against Defendant A was committed, Defendant A: (a) stolen 5 copies of the per share sheet owned by the victimized Company and 920,000 won in cash for the purpose of recovering its invested funds; (b) concealed the corporate seal impressions of the victimized Company; (c) forged 5 copies of the per share sheet in the name of the victimized Company using the stolen one sheet; (d) forged 4 copies of the number of shares in the name of the victimized Company; and (e) exercised 30,000,000 won in the name of the victimized Company at the time when Defendant A was the representative director; and (e) issued the per share sheet in the name of the victimized Company with the face value of 30,000,000 won in the name of the victimized Company at the time when he was the representative director; and (e) did not receive the shortage of deposits, the crime was not good in light of the background, method, and result of the crime.

However, the defendant A shows his attitude that all of the crimes of this case were committed against himself, and the defendant.