The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. Although the sum of face value of the non-paid check is not at least KRW 39 million, the check is not recovered or the damage is not recovered at all until the court below held. However, the prosecutor's assertion is without merit, in full view of the following factors: (a) the Defendant was running a Mad Production Factory from around 1992 to the point that the financial situation has aggravated and led to the instant crime; (b) the Defendant was the primary offender; (c) the Defendant was in a difficult economic situation; and (d) the Defendant's age, character and behavior, environment; (c) the circumstances leading to the instant crime; and (d) all of the sentencing factors indicated in the instant argument, including the Defendant's age, character and behavior; and (d) circumstances after the instant crime, etc.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the application of the judgment of the court below shall be corrected to add "Article 6 of the Illegal Check Control Act" to "1. Provisional Payment Order"

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