The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

(2) the date of this judgment.

1. The summary of the grounds for appeal (unfair sentencing on the guilty portion: the dismissal part of the judgment of the court below became final and conclusive by the prosecutor's failure to appeal) in light of the Defendant's endeavor to recover the dishonored checks of this case, etc., it is unfair that the Defendant's imprisonment with prison labor for four months that the court below decided against the Defendant is too unreasonable.

2. In light of the fact that: (a) the Defendant collected three copies (total of KRW 160 million) out of the check of the five head (total of KRW 245 million) originally indicted at the lower court; and (b) the Defendant collected and has yet to collect, in addition, the check of the sequence 3 in the list of crimes as indicated in the lower judgment ( check number: I, the date of issuance: : 5 May 25, 2016; face value: 50 million) and the check of the Defendant has already been collected and remains only one copy of the list of crimes in the first instance (each of KRW 35 million). In view of the fact that there is no criminal history, it is unreasonable that the lower court’s punishment against the Defendant is somewhat unreasonable to maintain it as is.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Reasons for the judgment of the court below which re-written the guilty portion of the judgment below] Criminal facts and summary of evidence against the defendant recognized by this court are as stated in the corresponding column of the judgment of the court below, and thus, they are cited as it is 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 Control of Illegal Check and Selection of Imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution;