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.

Summary of Grounds for Appeal

As to each fraud of mistake or misapprehension of the legal principles, the lower court convicted the Defendant by misapprehending the facts or by misapprehending the legal doctrine, although the Defendant did not have any intention to commit fraud.

With respect to the violation of the Illegal Check Control Act, although the check number X, face value 28.6 million won (attached Form 10 of the judgment of the court below) is not issued by the defendant, the court below convicted the defendant of the above check number as well as the above check number.

The lower court’s imprisonment (four years of imprisonment) against the Defendant claiming unfair sentencing is too unreasonable.

Judgment

The evidence duly adopted and examined by the court below as to each fraud in determining the mistake of facts or misapprehension of legal principles, and in particular, according to the defendant's confession statement in the court below, the defendant was unable to find out the circumstances of the defendant's management corporation B at the time of each fraud of this case, and 5.4 billion won (financial debt 1.4 billion won, bond 4 billion won, loan 4 billion won, etc.), and sales proceeds also have been used for the repayment of other existing debts, and even if the money was borrowed with the company's business funds, it can be recognized that the defendant did not have any intent or ability to repay the money. Thus, the criminal intent of

This part of the defendant's assertion of mistake or misapprehension of legal principles is without merit.

According to the evidence duly adopted and examined by the court below as to the violation of the Illegal Check Control Act, in particular, according to the statement by the defendant and the investigation agency of the Z (the investigative record No. 84), the fact that the defendant issued the check number X, face value 28.6 million won at the request of the Z so that he can use it to the Z can be sufficiently recognized.

This part of the defendant's assertion of mistake or misapprehension of legal principles is without merit.

The defendant's previous convictions of violation of the Illegal Check Control Act, and the scale of each of the crimes of this case, and fraud.