The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. In the absence of any fact that the Defendant issued the check of this case, and the J requested a discount of the check of this case or used the check of KRW 800 million, the judgment of the court below which found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the facts charged of this case by accepting the statement of G and K, etc. and thereby adversely affecting the conclusion of the judgment.

B. The sentence of three and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and investigated by this court, G, which was directly in charge of issuing checks, as a financial director of E Co., Ltd. (hereinafter "E"), has consistently stated that "the check of this case was issued at the defendant's order from the investigative agency to the court of the court below, and the check of this case was issued without the resolution of the board of directors or due process for the self financing of money, and the receipt certificate of this case was received from the defendant." (2) At the upper part of the above acceptance certificate that G was received from the defendant, the check of this case was copied, and at that bottom, "A: the transferee", "A: the president", and "JJ" were stated as the result of the above appraisal of "the defendant's direct acceptance certificate" and "A" as the result of the appraisal of this case.