특정범죄가중처벌등에관한법률위반(통화위조)등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles: (i) the paper of this case did not have an appearance to the extent that the general public might mislead the general public into a genuine currency; (ii) the paper of this case was made to show the figures in which he was raising money; and thus, there was no "purpose of uttering"; and (iii) the paper of this case was issued and entrusted to H and I for the purpose of receiving narcotics; and (iv) H and I could easily have known the circumstances that the paper of this case was forged, and thus, it cannot be deemed that the “use” of the paper of this case was committed. (ii) The sentence of imprisonment (four years) imposed by the lower court on the Defendant of unjust sentencing is too unreasonable.
B. Defendant C1) delivered and entrusted H and I with the use of a forged paper of this case for the purpose of misunderstanding of facts and misunderstanding of legal principles, and H and I could easily have known the fact that the forged paper of this case was forged, so it cannot be deemed that “acting” was not “acting” the forged paper of this case (i.e., the Defendant was not prosecuted for forgery of a currency, but charged for a forged currency event, and thus, the forged part is not subject to adjudication by a party member.
(2) The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the Defendant A1’s assertion of mistake and misapprehension of legal principles, the lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part. The lower court rejected the Defendant’s assertion on the following grounds: (a) in detail, on the degree of fabrication of currency, the process of forging currency, the place of use of forged currency, and the amount of use of forged currency, the fact that he/she has forged currency, the purpose of exercising forged currency, and the fact that he/she has
It is examined closely by comparing these judgments of the court below with the records.