The judgment below

Among them, the part on the violation of the Illegal Check Control Act and the violation of the Illegal Check Control Act on April 9, 2009 is reversed.

1. Scope of trial of this court after remand;

A. The lower court convicted the Defendant of all the facts charged in the instant case, and sentenced the Defendant to imprisonment with prison labor for a year and a fine of KRW 1,500,000.

B. The Defendant appealed against the lower judgment on the ground of mistake of facts and unreasonable sentencing, and the lower court prior to remand cited an appeal on February 25, 2009, on the ground of mistake of facts, and dismissed the remainder of the appeal.

C. On February 25, 2009, the Defendant filed an appeal against the judgment of the party before remanding the case as to the violation of the Control of Illegal Check Act among the facts charged in the instant case, the Defendant’s violation of the Labor Standards Act, and the violation of the Labor Standards Act, and the Prosecutor appealed on February 25, 2009. The Supreme Court cited the appeal against the Defendant’s violation of the Control of Illegal Check Act among the Defendant’s appeals, and dismissed the Defendant’s remainder of the appeal and the Prosecutor’s appeal.

Accordingly, the judgment of the court prior to the remand became final and conclusive on February 25, 2009 and on the violation of the Labor Standards Act. Accordingly, the scope of the trial after the remand is limited to the violation of the Illegal Check Control Act against the defendant and the violation of the Labor Standards Act on April 9, 2009.

2. Summary of grounds for appeal;

A. The Defendant in mistake of facts did not allow E to issue the check to F, and therefore, the Defendant stated that the check possessed by F was lost or forged check was a forged check, and filed a complaint against E as a criminal act of securities aiding and abetting, and only reported the loss of the check to F.

Nevertheless, the court below which found the defendant guilty of this part of the facts charged of this case has erred by mistake of facts.

B. The sentence of one-year imprisonment imposed by the court below on the defendant is too unreasonable.

3. Determination

A. The summary of each of the facts charged in the instant case’s violation of the Control of Illegal Check Act is the representative director of D Co., Ltd. (hereinafter “D”).