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(영문) 서울중앙지방법원 2013.12.26 2013노3044

위조유가증권행사등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of the Defendant A’s assertion of mistake of facts, the Defendant A did not pay to the Z five copies of the 10 billion U.S. bond certificate in Japan, but did not pay five copies of the 10 billion U.S. cash cashier’s checks in the name of the Bank. Even if not, the Z was aware of the forgery and was not likely to be distributed. ② As to the attempted fraud, the 100,000 U.S. 10,00 Lbage claim was delivered to C, not delivered to the Z, but the Z had the 170,000 U.S. 10,000 Lbage claim from AG already received.

Nevertheless, the court below found all of the charges guilty, and the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

[The contents written in the defense counsel’s written opinion (Supplementary Statement of Reasons for Appeal) submitted after November 26, 2013 are considered only to the extent of supplement to the extent of supplement to the grounds for appeal]. (B)

In light of the sentencing conditions, including the following facts: Defendant A’s assertion of unfair sentencing by the Defendants’ assertion of unfair sentencing, there was no conspiracy with L, Defendant B regarding fraud among the facts charged in the instant case; only the delivery agent of the instant case; and Defendant B’s agreement with some victims, etc., the sentence (Defendant A: imprisonment with prison labor for 1 and 6 months, confiscation, Defendant B: imprisonment with prison labor for 1 year and 1 year, 3 years of suspended execution, confiscation, social service) declared by the lower court is too unreasonable.

2. Determination:

A. As to Defendant A’s assertion of mistake of facts, the following circumstances acknowledged by the lower court comprehensively based on the evidence duly admitted and examined by the lower court regarding the exercise of forged securities: (i) Defendant A, upon receipt of Y from the investigative agency, stated that: (a) around May 201, the Defendant A sent five Japanese installment savings claims to the Z; (b) around May 201, the Bank 10 billion KRW 10 billion cashier’s checks to the Z (Article 536-538, 685-6 of the Investigation Records; (c) Defendant A was the former Japan.