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The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
Defendant shall be punished by imprisonment for a period of one and half years.
Reasons
1. Summary of grounds for appeal;
A. Regarding the violation of the Illegal Check Control Act among the facts charged in the case of mistake of facts, the amount of the non-payment of the non-payment check Nos. 2 and 4 attached to the judgment of the court below (hereinafter “each of the instant checks”) was lent to F in blank the amount of face value and the date of issuance so that the defendant can be used within the limit of 50 million won, but F used the amount of face value of 450 million won and 550 million won. As such, the defendant is not liable for the non-payment of each of the above checks.
B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.
2. The court below found the following facts based on the evidence duly adopted and examined at the court below. ① The defendant made a statement at the investigative agency several times to the effect that “The previous number of units issued by the defendant to F in the name of C Co., Ltd. with the actual representative director capacity of C Co., Ltd. was at the risk of insolvency due to F’s settlement, and the F continued to issue the number of units by continuously using the defendant’s poor circumstances, and thus, F did not make a statement to the effect that F would have abused its supplementary right to supplement the check amount to F. ② The court below stated that “the defendant was bound to issue each item of this case’s check and deliver it to F, and did not arbitrarily state the check amount.” ③ The defendant did not make a false statement with the investigative agency’s statement in the court below to the effect that “The defendant issued the number of units in the name of C Co., Ltd., which was issued to F prior to the issuance of each item of this case’s check, but did not arbitrarily state the amount of the check amount.”