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(영문) 서울중앙지방법원 2015.07.23 2015노344

위조유가증권행사

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely delivered the foreign exchange equalization fund bonds issued by D to the Defendant in a newspaper (hereinafter “foreign exchange equalization fund bonds”) to E, and was unaware of the fact that the foreign exchange equalization fund bonds were forged at the time.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (limited to four months of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment on the assertion of mistake of facts: (i) E has sought the instant external debt while asking whether the Defendant was a person holding the right to be a money, and made a statement that he could be a fake; (ii) D, who sought the instant external debt, was aware of the forgery of the instant external debt; and (iii) was stated by the Defendant, who was requested by the Defendant to request the Defendant to seek the external debt from the Defendant, that “the Defendant was aware of the fact that it was a dangerous thing, and why it was?” the Defendant was aware that the instant external debt was forged at the time of committing the crime, and thus, it can be sufficiently recognized that the Defendant was aware that it was a forgery of the instant external debt. Accordingly, this part of the Defendant’s assertion is without merit.

B. The crime of uttering of forged securities in respect of the assertion of unfair sentencing is very significant in its nature in that it may damage the trust in securities and disrupt the distribution order thereby causing economic confusion. In particular, the external debt of this case is more likely to deceive the general public as securities of a kind that are not easily accessible, and its potential risk is high, and there is no history of punishment for the same crime, and the victim is arrested before the occurrence of the crime.