A defendant shall be punished by imprisonment for five years.

A. In fact, the check Nos. 1, 25, and 26, Nos. 1, 2019 [Attachment 4014] is already recovered, and the check No. 29 is a check issued in the absence of an obligation owed by the Defendant to FB G, a stock company for which the Defendant was the holder of the check, and thus, the Defendant cannot be punished for each of the said checks as a violation of the Illegal Check Control Act.

B. Each sentence sentenced by the lower court (the first instance judgment: 5 years of imprisonment, and 1 year of imprisonment) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, this Court tried at the two appeals cases filed by the Defendant together, and the judgment of the court of first instance and the judgment of the court of second instance, which were jointly tried in the trial, are concurrent crimes under the former part of Article 37(1) of the Criminal Act, and each of the offenses of the judgment of the court of second instance and the judgment of the court of second instance, which were jointly tried in the trial, should be sentenced to one punishment within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal

Despite the above reasons for reversal of authority, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and the following is examined.

B. The so-called blank check, which does not indicate the amount of determination as to the assertion of mistake of fact and the date of issuance, is a check, the complete completion of which is a security when the holder exercised his/her right to supplement and enters the amount and date. Barring special circumstances, the holder itself, which issued the blank check, has left the supplementary right to the holder.

The limitation of the supplementary right cannot be set up against a bona fide acquisitor unless it is specified on the surface or before being attached thereto. Therefore, a blank check constitutes a distribution securities, and the issuance of a blank check also is subject to the regulation of the Regulation of Illegal Check Act (see Supreme Court Decision 2011Do7185, Dec. 26, 2013). Comprehensively taking account of the evidence duly adopted and examined by the lower court.