The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. It is recognized that, even though the amount of the check that the Defendant did not recover up to the trial by the lower court was not a total of nine copies (the total sum of face value 27 million won), the check is recovered or the victims are not recovered.

However, the court below's punishment is somewhat unreasonable considering the defendant's age, character and behavior, environment, background, means and method of the crime of this case, circumstances after the crime of this case, etc., and considering the defendant's age, character and behavior, and environment, the circumstances after the crime of this case, etc., the defendant collected 6 copies of the check before prosecution, 9 copies of the check at the court below (the total amount of face-to-face 27 million won), and additionally, 5 copies of the check at the court below (the total amount of face-to-face 15 million won) were collected and tried to recover the check as he collected.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act that prescribes the applicable law to facts constituting an offense and Article 2 (2) and (1) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The former part of Article 6 of the Control of Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act;