The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

Defendant.

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the violation of the Act on the Control of Illegal Check Nos. 5, 6, and 7 of the List of Crimes No. 5, among the facts charged against the Defendant, and convicted all of the remainder.

However, since the violation of the Act on the Control of Illegal Check which the court below found the defendant guilty by filing an appeal against the part on which the court below found the defendant guilty, the appeal against the violation of the Act on the Control of Illegal Check was not filed, only the remaining guilty part of the judgment below, excluding the dismissed part,

2. In light of the following: (a) the gist of the grounds for appeal by the defense counsel (unfair sentencing) recognizes the Defendant’s mistake and reflects the Defendant; (b) the sentence of the lower court sentencing KRW 10,000,000 is too unreasonable.

3. In full view of the following facts: (a) the Defendant recognized all mistakes in the court of first instance in the trial; (b) the victim N of the fraud committed in the course of the trial, expressed his/her intent that the Defendant would not want the Defendant’s punishment; and (c) the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime; and (d) the circumstances of all the sentencing specified in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment is unreasonable, and thus, the above assertion is reasonable.

4. As the appeal by the defendant is well-grounded, the guilty part of the judgment below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant shall be ruled as follows.

Criminal facts

The summary of the facts and evidence of the defendant are as follows: (a) except for the addition of “1. The defendant’s trial testimony at the trial court” to the summary of the evidence of 2016 Highest 2122 Highest 2728 Highest 2016 Highest 2728 Highest 2016 Highest 2728 Highest 201, the summary of the evidence is as stated in each corresponding column of the lower court’s judgment

Application of Statutes

1. Issuance of each check with respect to facts constituting an offense and the judgment of choice of punishment;