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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles as a bill of a check, which contains testimony of the holder of the check, cannot be recognized as being contrary to the statement of the check. According to each of the contents of each of the check in this case, each of the correction dates exceeded the payment deadline of 10 days from the date of actual issuance. However, the court below erred by misapprehending legal principles in finding that the correction date of the check was made within the payment deadline, and by misunderstanding of legal principles, it cannot be deemed that the Defendant had the intention to default the check, and therefore, it is also erroneous.
B. Even if the Defendant was guilty of an unreasonable sentencing decision, the lower court’s imprisonment (four months of imprisonment) is too unreasonable.
2. Determination
A. Determination of mistake and misunderstanding of legal principles as to the issue date of each of the instant checks is legally corrected within the period of presentation for payment, if the issue date indicated on the check is legally corrected within the period of presentation for payment, the period of presentation for payment shall be calculated from the corrected issue date, and if the payment is made within the period of presentation for payment, the issuer shall be punished for a violation of Article 2 (2) of the Illegal Check Control Act (see Supreme Court Decision 2007Do727, Jan. 31, 2008). According to the evidence duly adopted and duly examined by the court below, the issue date stated on the last correction of each of the instant non-payment checks was duly corrected with the consent of the Defendant who is the drawer of the check within the period of presentation for payment within the period of the previous issue date, and it can be recognized that the payment was made within the period of lawful presentation for payment from each corrected issue date.
In this regard, the defendant's defense counsel is that the check is a written instrument, and even if the actual date of issuance is corrected, the check is written.