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The defendant's appeal is dismissed.
Reasons
1. 항소이유의 요지(사실오인) 피고인은 C로부터 할인 요청을 받고 이 사건 당좌수표을 건네받은 후 G에게 할인이 가능한지 알아봐 달라는 명목으로 이 사건 당좌수표를 건넸으나, G가 E에게 채권담보 목적으로 임의로 이 사건 당좌수표를 건네주어 이 사건 당좌수표가 행사되었다.
Therefore, the lower court erred by misapprehending the fact that the Defendant forged and exercised the check of the number of units of this case.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the defendant alleged that he received a discount request from C at the court below and the court below, but during the police investigation, he stated that he received the check of the unit price of this case (No. 80 of the investigation record). The defendant filed a complaint against G for embezzlement (Seoul District Public Prosecutor's Office 201 No. 58836 of the Seoul Central Public Prosecutor's Office, No. 5836 of 201, No. 5836 of the current prosecution) also stated that "C will return the check of this case to 3-4 days, and he again received the check of this case to G for check, and that G did not return it." In light of the above, the court below stated that the above defendant's assertion cannot be trusted, especially that he did not return the check of this case to G, and that he did not return the check of this case to G 500,000 won after receiving the check of this case.