The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. As to the violation of the Illegal Check Control Act, among the facts charged against the Defendant, the lower court dismissed the public prosecution against this part of the charges on the grounds that, even if the checker failed to collect or withdraw the check pursuant to Article 2(2) and (1) of the former Illegal Check Control Act, the prosecution against the intent expressed by the holder of the check cannot be instituted, and that each of the above checks was recovered after the prosecution is recognized, the lower court convicted the Defendant of the remainder of the charges.

However, the defendant appealed against the guilty portion of the judgment of the court below, and since the prosecutor did not appeal against the judgment of the court below and the dismissal of the above public prosecution is separated and confirmed as it is, the scope of the judgment of the court below

2. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

3. The judgment of the court below is a large amount of KRW 1.4 billion. Nevertheless, the defendant left China around July 2002 and appears to have living abroad until March 2016. However, the defendant recognized the crime of this case, and the defendant recovered two of the non-payment checks listed in the [Attachment 9] No. 9 and 31 (a total of KRW 130,80,000) in the judgment of the court below. The defendant collected two of the non-payment checks listed in the [Attachment 9] No. 22,23,33, 34, 35, and 36 (a total of KRW 60,000) in the judgment of the court below, and collected each non-payment checks listed in the [Attachment 1] No. 22,6,80,200, 2938, 306, 300,000 won in the judgment of the court below. The defendant collected the non-payment checks listed in the [Attachment 2] No. 36, 363636,0636.