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(영문) 광주지방법원 해남지원 2015.04.09 2015고합2

통화위조등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On January 2010, when there is a shortage of living expenses by forging a 50,000 won ticket issued by the Bank of Korea at the Defendant’s residence in Hando-gun, Hannam-do-gun, and then forging a currency forgery, the Defendant forged a 50,000 won ticket issued by the Bank of Korea in a way that 50,000 won ticket is opened to be used for the purpose of eating and using it. The Defendant forged a 50,000 won ticket issued by the Bank of Korea for the purpose of using it.

2. On September 27, 2014, the Defendant purchased 12,000 won or more of 50,000 won or more at the F stores operated by E located in Jeonnam-gun, Namnam-gun, and delivered 50,000 won or more, as set forth in paragraph (1), to the employees of the store.

Accordingly, the Defendant exercised 50,000 won notes issued by the Bank of Korea and 50,000 won notes issued by the Bank of Korea from that time until October 13, 2014, including the Defendant’s exercise of one sheet of 50,000 won notes issued by the Bank of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Written statements of J, K, L and M;

1. Statement of seizure of each police;

1. Each report, each investigation report, and each internal investigation report;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 207(1) of the Criminal Act (with regard to the provision of the currency Articles, inclusive, the choice of limited imprisonment) concerning facts constituting an offense, and Article 207(4) and (1) of the Criminal Act (the point of exercising counterfeited currency and the choice of limited imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the crime of fabrication or uttering of a counterfeited currency on October 13, 2014, with the largest offense and circumstances);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than 45 years;

2. The same crime as this case in which a sentence is rendered is likely to be socially criticized, because it impairs the public confidence in currencies and disturbs the order in circulation thereof.