All appeals filed by the defendant and prosecutor are dismissed.

1. The court below dismissed the prosecution against the violation of the Illegal Check Control Act against No. C among the facts charged in this case, and convicted the remainder of the facts charged. Since the defendant and the prosecutor appealed only to the guilty part, the above dismissed part is separated and finalized as long as the period of appeal expires, the scope of the judgment in this court is limited to the portion of conviction sentenced by the court below.

2. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts was merely the Defendant, at the time of original adjudication, who acquired D Co., Ltd. from H around April 2012 and had it keep the check of the number of units indicated in paragraphs 1 and 3 (the lower court’s case 2014Da231) as security for the unpaid acquisition price, and the Defendant was not at all anticipated that H distributed the above check.

In addition, on July 11, 2012, the Defendant ordered P to a new construction project of a pent, and completed the construction project by the end of September 2012, 2012, the Defendant agreed to pay the construction price on the date of the issuance of the check, and issued the check of the number of units as stated in paragraphs 2 and 4 (the above case 2014 high-class 231) at the time of the original adjudication. The Defendant did not expect that P distribute the said check without completing the construction project.

Therefore, the judgment of the court below which found the defendant guilty of the charge of violating the Illegal Check Control Act even though the defendant cannot be deemed to have a criminal intent to commit a check, is erroneous in the misapprehension of the facts which affected the conclusion of judgment.

(2) The sentence of ten months of imprisonment and fine of three million won imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. Determination

A. The Defendant alleged that the lower court failed to expect the distribution of a check at the time of original adjudication as to the violation of the Illegal Check Control Act, and the lower court’s judgment on this point is “the Defendant and the defense counsel” in the judgment.