The defendant's appeal is dismissed.

1. The sentence imposed by the court below (two years of suspended sentence in the month of imprisonment with prison labor) is too unreasonable.

2. The judgment of the court below changed the existing position of the court below which denied the criminal intent of defraudation, etc. and reflects his mistake by recognizing the crime of this case. The defendant did not gain personal benefits of acquiring the bill of this case as he received instructions from theJ which was performing the duties of the representative director of the company at the time.

The defendant only has the history of a fine, but there is no criminal record of the suspension of execution or more, and the person with a disability of the sixth degree who has a disability with debt is not a good health condition.

However, the crime of this case, although recognizing that the defendant could not pay the discount of the bill of this case to the victim on the date on which the defendant promised to do so, it is deemed that the victim deceivings the victim and obtains the pecuniary benefits equivalent to the face value (56 million won) from the victim by delivery of the bill of this case. In light of the circumstances of the crime and the contents of the crime, the crime is not easy.

The victim suffered considerable property damage due to the crime of this case.

Even though the defendant did not make efforts to compensate for the damage to the victim up to the trial of the party, and the damaged person is trying to severely punish the defendant because he did not receive the letter from the injured person.

In full view of the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, etc., and the sentencing conditions as shown in the records and arguments, the Defendant’s assertion is not acceptable, since the sentence imposed by the lower court is too unreasonable compared to the Defendant’s degree of responsibility.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.