The guilty part of the first judgment and the second judgment on the defendant shall be reversed in all.

The defendant shall be sentenced to six months of imprisonment.

1. Of the judgment of the court of first instance, the first instance court dismissed the prosecution for violation of the Illegal Check Control Act due to the issuance of the check number D (amounting to KRW 83 million) among the charges against the Defendant, and sentenced the Defendant to six months of imprisonment and a fine of three million won by recognizing only the violation of the Act on the Control of Illegal Check and the violation of the Financial Investment Services and Capital Markets Act. Since only the Defendant appealed, the part of the judgment of the court of first instance which dismissed the prosecution without any benefit in the appeal becomes final and conclusive, only the part of the judgment of the court of first instance which convicted the Defendant is subject to the judgment of this court.

2. The Defendant, on the second trial of the trial of the first instance, withdrawn the assertion of misunderstanding of facts and misapprehension of legal principles as to the violation of the Financial Investment Services and Capital Markets Act.

Each punishment (the first instance court: 6 months of imprisonment and 3 million won of fine, and 5 million won of fine: the second instance court) of the original court is too unreasonable.

3. Prior to the judgment on the grounds of appeal by the defendant ex officio, all of the crimes in the judgment of the court below of this case against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and as long as this court has concurrently tried and tried, the defendant shall be sentenced to punishment in a lump sum pursuant to Article 38 of the Criminal Act. In this regard, the guilty part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any more.

4. According to the conclusion, the guilty part of the first judgment and the second judgment of the court of appeal on the defendant are reversed, without examining the defendant's allegation of unfair sentencing, and the judgment of the court of first instance on the defendant's conviction and the second judgment on the above part are reversed ex officio pursuant to Article 364 (2) and (6) of the Criminal Procedure Act, and the arguments on this part are as follows.