A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. misunderstanding of facts and misunderstanding of legal principles: (a) the Defendant did not instruct the J to discount the bill of this case; or (b) requested the discount of bill or the endorsement guarantee on condition that the victim D was delivered with a medical device.

② Promissory notes discounted on June 4, 2008 are other promissory notes which are not the instant Promissory Notes (B/L No. Q/L No., date of issuance, March 11, 2008) (U.S. No., date of issuance, June 4, 2008).

The Promissory Notes of this case was delivered to D for the purpose of check on March 11, 2008 by the Defendant at a discount on other bills, and it was used arbitrarily by D.

③ At the time, the Defendant was operating Va Hospital and Ia Hospital, and was promoting the establishment of the de facto administration in Seoul M, and had the intent and ability to pay the bills.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. On June 4, 2008, in full view of the following facts or circumstances acknowledged by the court below as a whole as evidence duly admitted and investigated by the court below as to the assertion that the Promissory Notes, which was discounted on June 4, 2008, was not the Promissory Notes, the Defendant’s bill of discounted on June 4, 2008 through J, is recognized as the Promissory Notes. (1) The Defendant clearly stated that the Promissory Notes, which was issued by the Defendant’s employee J on June 4, 2008, were the Promissory Notes as the Promissory Notes. The Plaintiff stated that the Promissory Notes, which was issued by the Defendant’s employee J on June 4, 2008, paid the discounted amount at the time of the actual offering of discount. (2) The R currently holds the original Promissory Notes at the time of the offering of discount. (3) The Defendant deposited KRW 1200,000,000,000, which was discounted by J on June 4, 2008.

A bill used for the discount of this case shall be deemed to have been issued.