The defendant shall be innocent.

1. The Defendant, from March 199 to November 30, 201, was engaged in construction business under the trade name of Dosan City C from March 1999 to November 30, 201, and was entering into a check contract under the name of Do governor of the Dosan Bank from July 4, 2006 to D in the operation of the Defendant.

On July 29, 2010, the Defendant issued a check number “G”, the check amount “this hundred million won”, and a statement of the number of shares per bank in the name of D (oil) in the name of the F office located in Geumcheon-gu, Seoul Special Metropolitan City.

The Defendant and F agreed to supplement the date of issuance when the construction work that the Defendant was in progress and the construction work can be received. However, at the Defendant’s request, the Defendant agreed to supplement the date of issuance when the litigation for claiming the construction cost for the signature and development of H limited liability company is completed.

AF, the holder of the said check, entered the date of the said issuance as of September 20, 2013, and presented the said check on September 23, 2013, which was within the period for the presentation of payment, on September 20, 2013, during the litigation for the claim for the payment of the said check, but the Defendant failed to pay the said check as the suspension of transaction.

2. Determination

A. There is evidence that “The Defendant and F agreed to supplement the date of issuance of the instant check upon the completion of the lawsuit claiming construction price for the development of signature-based liability company H, the Defendant and F, as well as the witness F’s legal statement and the message transmission and receipt submitted by the Prosecutor after prosecution.”

1) First, the summary of the witness F’s statement is as follows: (1) The Defendant: (a) provided that the Defendant would pay the amount of the check in the amount borrowed from F at a discount of the face value of KRW 200 million, upon receipt of the payment for the commencement of the civil construction work; and (b) issued the check in the instant case, which is the blank of the date of issuance; (c) however, the Defendant was unable to perform the real civil construction work; and (d) on January 31, 201 (the date of issuance of the said I check) the F becomes aware of such fact.