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(영문) 춘천지방법원 강릉지원 2018.04.26 2018고단216

위조유가증권행사등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2018, the Defendant received two admission tickets for the Askikikic Hakikic (Tet number: T-8070842, T08080870843, 600,000 won: the date of issuance, the date of issue, the date of competition: 600,000 won, the date of February 8, 2018 : 13:10,000 won, and February 25, 2018 13:100,000 won, from the sum of the pre-paid cards (80,000 won) to the German victim D (D, 58 years) who opened the 2018 Olympic Winter Games.

Accordingly, the Defendant exercised forged pay securities, and acquired pecuniary profits equivalent to 800,000 won from the injured party who believed that the above admission ticket is a true admission ticket.

Summary of Evidence

1. Each police statement made to D or E;

1. A settlement card and receipt for a victim;

1. Comparison of the original admission ticket for a forged admission ticket;

1. Each protocol of seizure and the list of seizure;

1. Application of investigation reports (related to the card seized by the person under investigation, etc.), and application of statutes on non-person pre-paid card photographs received from the injured person;

1. Article 217 of the relevant Act and Articles 217, 214 of the Criminal Act regarding criminal facts and Articles 347(1) of the Criminal Act regarding the choice of punishment (the exercise of a security right by forgery), and 347(1) (the Defendant and his/her defense counsel did not know that the Defendant purchased an admission ticket from a U.S. person who is not his/her name, and that the admission ticket was forged

However, the defendant purchased admission tickets from a U.S. person;

The Defendant did not know that there was a forgery of the admission ticket sold to the victim solely on the ground that there was no evidence to determine the seal, that there was no consistency in the Defendant’s statement on the process of selling the admission ticket by purchasing it to the victim, and that the Defendant was unaware of the fact that the admission ticket sold

We cannot accept it in light of the lack of recognition.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.