The defendant's appeal is dismissed.

The gist of the grounds for appeal by the defendant is that the punishment of KRW 8 months, fine of KRW 4,00,000, sentenced by the court below, is too unreasonable in light of the fact that the defendant is against the defendant, and that real estate was provided as security to H to whom the altered check of this case was issued.

Considering the circumstances in which the Defendant asserts, even if the Defendant had been punished on 12 occasions, there are many kinds of records that the Defendant had been punished for the same offense as the instant case, such as forgery of checks, fabrication of documents, and fabrication of documents, and the fact that the amount of the check altered up to the trial was not paid, and other various circumstances that form the condition for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the offense, etc., the sentence imposed by the lower court is appropriate and it cannot be deemed unfair.

On the other hand, under Article 6 of the Illegal Check Control Act, when a fine is imposed due to a violation of the Illegal Check Control Act, it is necessary to issue an order for provisional payment. Thus, while sentencing a fine of KRW 4,00,000 to the defendant for a violation of the Illegal Check Control Act, the court below did not issue an order for provisional payment as to the above fine.

However, in this case where only the defendant appealed, the court below's decision is not reversed on the ground that the above fine cannot be ordered to pay the defendant a provisional payment in accordance with the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.