1. According to the reasoning of the judgment below, from February 28, 1982 to December 31 of the same year, the court below found the defendant not guilty of the above facts charged since the defendant's statement from February 28, 1982 to December 28, 1981 from February 28, 1981 as to the issuance date of the non-indicted 1,00,000 foot check to the second day of February, 1981 and changed the issuance date to December 28, 1981, and he presented it to the bank members at the Busan Bank 2-dong Deposit Office, Busan Bank 2-dong, Busan Bank 13:00 on December 31, 1981, there was no evidence that the defendant changed the issuance date as above, and instead, according to the defendant's statement from February 31, 1982 to December 31, 198.

2. However, according to the records, since it is apparent that the date of issuance of the check at the time when the defendant acquired the check at the time of the acquisition from the south of the non-indicted 1, 1981, it is evident that the above date of issuance was altered after the defendant acquired the check at the time of the above date of issuance. Accordingly, according to the statement of each of the first instance court witness Kim Jong-tae and the testimony of the above person in the process of handling affairs by judicial police officers and the statement of other points attached to the investigation records, the above deposit office Kim Jong-tae, who was the deposit office, presented five copies of the check including the check at the time of the above deposit office from the defendant on December 31, 1981, and received the check at the time of the issuance of the check at the time of the check at the time of the receipt, and received it, and the receipt and disbursement book was transferred to the receipt book, the number, amount, date of issuance, etc. of the check at the account of the defendant's deposit at the other points.

Thus, unless there are circumstances to recognize that the above bank members intentionally altered the date of issuance of the check, it is reasonable to view that the date of issuance of the check had already been modified on December 28, 1981 before it was presented to the bank.

However, even if examining the record, there is no ground to suspect that the above bank members altered the date of issuance of the check, and eventually, the above check was modified during the period in which the defendant acquired and presented it to the above bank.

However, according to the testimony of the court below's witness Cho Jong-il's testimony and the statement of the same person in the process of handling affairs of judicial police officers, only the above protocol is presented to the defendant when the defendant presented the above check at the bank, as it is confirmed that the date of issuance was the same as February 28, 1981 before the date of publication. However, the police did not directly confirm the date of the check when the defendant presented 5 checks to the bank. However, the police officer stated that the five copies of the checks were issued in February 3, 1981, and the date of issuance was no later than December 12, 1981, and it was confirmed that it was directly issued date. The court below stated that the defendant presented five copies of the number of shares per party, and the defendant presented five copies of the statement to the court below that it was 2 months before the date of issuance, but did not appear to have been 12 months, in light of the purport of the above statement and its credibility.

In the end, the judgment of the court below that there was no proof of a crime against the facts charged of this case can be said to have committed an illegal act that affected the judgment by misunderstanding the judgment of the value of evidence.

3. Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Lee Sung-soo (Presiding Justice)