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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant is only the representative director in the name of the company of this case and is not the actual representative director, and there is no fact that he participated in the business of the company of this case including the issuance of the check
B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.
2. Determination:
A. According to the records on the assertion of mistake of facts, the defendant made a confession of the facts charged in this case at the court below, ② the defendant made a statement at the prosecutor's investigation stage to the effect that "it was reported about the operation of the company in this case", ③ the defendant made a statement at the prosecutor's investigation stage to the effect that "the defendant did not demand to keep the check only after being aware of the fact that the check was issued in the name of the defendant," ④ the defendant made a statement at the prosecutor's investigation stage that "the defendant operated the medical care center, and operated the company in this case for the operation of the medical care center operated by the defendant," and ⑤ the prosecutor's investigation stage to the effect that "the defendant and the defendant got the company to take over the company in this case as his/her Dong business for the operation of the medical care center operated by the defendant." In full view of these circumstances, the defendant issued the check in this case in collusion with D and the defendant issued the check in this case.
I would like to say.
B. In light of all the sentencing conditions indicated in the instant records, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., when considering the following: (a) the Defendant’s refusal of the instant crime and the Defendant had a total of seven criminal records; (b) the face value of the instant check reaches KRW 59 million; and (c) the Defendant’s age, character, environment, motive, means and consequence of the crime.