The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, the check number O.

1. The decision of the court below (one year and six months of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. We examine ex officio the Defendant’s appeal following the period for submission of the written reasons for appeal.

A. According to the statement of the order to submit a new bank that was issued by this court as to the default of checks Nos. 1, 2, and 3 in the list of crimes as indicated in the judgment below, each of the current check Nos. 1, 2, and 3 in the list of crimes as indicated in the judgment below is recognized as having not been paid on August 31, 2015, which was the date when payment was presented, as the date when deposit shortage was presented.

Therefore, in regard to each of the above check, the court below held that the defendant recovered the check, and held that the court below should dismiss the prosecution as it constitutes a case where the prosecution procedure is null and void in violation of the provisions of law pursuant to Article 2(4) of the Control of Illegal Check Act and Article 327 subparag. 2 of the Criminal Procedure Act. However, the court below found the defendant guilty. In this part, the court below erred by misapprehending the fact and affecting the conclusion of the judgment.

B. According to the records of this case, the Defendant issued a summary order of KRW 2.5 million due to the failure to pay a fine for the same check (in the case of violation of the Act on Control of Illegal Check, No. 2016, Jun. 24, 2016, the Seoul Central District Court Decision 2016 High Court Decision 201Da12462, Jun. 24, 2016, the Defendant issued a summary order of KRW 2.5 million due to the failure to pay a fine for the same check (in the facts constituting the crime of the above summary order, it is evident that the check number “AG” is the error of theO) among the facts constituting the crime of the above summary order.

8.11. It is recognized that the above summary order has become final and conclusive.

Therefore, the court below found the defendant guilty on this part of the facts charged because it constitutes a final judgment. However, the court below found the defendant guilty pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act. In this part of the court below's judgment, it erred by misapprehending the facts.