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(영문) 전주지방법원 군산지원 2015.08.28 2015고단99

유가증권위조등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. The Defendant, on May 18, 2014, copied one cash check issued by the Defendant’s mother E on May 16, 2014 on May 16, 2014, using a knife copy machine installed at the knife, and used the knife and knife to de facto size of the check.

Accordingly, the defendant forged the above cashier's checks, which are securities, for the purpose of exercising the rights.

B. On October 30, 2014, the Defendant paid the remainder of 2 million won of the male net gold stuff to H’s wife, which is a precious retail store of H’s operation located in Gunsan-si, Sinsan-si, and exercised the forged 1 million won cashier’s checks, as seen above, as if they were a genuine check, with one million won in cash.

2. Defendant and his defense counsel’s assertion

A. The Defendant presented a comparison of the difference between the true checks by copying only the front of a check to the J, a student of the Defendant, for the purpose of verifying the function of a copy for the replacement of a long term printed machine. The reproduction of only the front of a check can not be deemed to have the appearance to the extent that the general public is correct and misleading, and it cannot be deemed to have forged securities for the purpose of exercising.

B. The Defendant included the above duplicated checks in the bags, and used them with proper respect for the above facts, and thus there is no intention to exercise forged securities.

3. Determination

A. Determination 1 as to the establishment of the crime of forging securities must have the form and appearance to the extent that the general public misleads the person as genuine. However, the degree of the above Article is sufficient to the extent that the general public misleads the person as genuine in light of the overall form and content.