The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

【Judgment on Grounds for Appeal】

1. In light of the fact that the unclaimed amount of the check exceeds KRW 185 million in the summary of the grounds for appeal (as to the portion of the charge), the lower court’s sentence that sentenced the Defendant to a suspended sentence of 2 years in the 8-month imprisonment is too unfeasible and unfair.

2. The sum of face value of 26 copies of a check accused of violation of the Control of Illegal Check Control Act reaches KRW 263 million. In light of the following: five copies (the sum of face value 53 million) and three copies (the sum of face value 25 million) at the lower court’s trial before the prosecution is instituted, and there still remains 185 million won (the sum of face value 30%). The Defendant’s final disposition of default on January 31, 2012 until before the final disposition of suspension of transactions was issued several times and failed to recover them, the lower court’s appeal against the Defendant is unreasonable, and thus, the Prosecutor’s appeal is justified.

3. In conclusion, the prosecutor's appeal is reasonable, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading

[C] The grounds of the judgment of the court below for the criminal facts and the summary of the evidence against the defendant recognized by this court are as follows: (a) the check number No. 16 of the attached table (1) of the court below as Y; (b) the check number No. 17 as Z; and (c) the “U” of 17 as Z; and (d) the “V” of 18 as A is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the

Application of Statutes

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the selection of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The criminal defendant under Article 62(1) of the Criminal Act, as the principal offender, committed the instant crime.