【Criminal Power】

On January 24, 2017, the defendant was sentenced to imprisonment for two years and six months with prison labor for fabrication of currency in the Goyang Branch of the District Court, which is currently pending in the appellate trial.

【Criminal Facts】

On August 2016, the Defendant issued KRW 10,00 of the Bank of Korea issued 10,00 in the local reproduction machine at the office of Seongbuk-gu Seoul apartment, Seongbuk-gu, and 10,01 Dong 106, the Defendant made 45 copies of the KRW 10,00 in the same way in accordance with the location of the paper A4, and then made 45 of the Bank of Korea's KRW 10,00 in the way that he has prepared the paper in advance, in accordance with the size of the paper.

Accordingly, the defendant has forged money for the purpose of exercising.

Summary of Evidence

1. Defendant's legal statement;

1. AF statement;

1. Report on the occurrence of a crime, and photographs of booming money;

1. Results of request for identification of on-site questions;

1. Counterfeited currency;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 207(1) of each Criminal Code (generally, choice of limited imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

Judgment on the argument of the defendant and defense counsel (the reason for the crime)

1. Summary of the assertion

The defendant and his defense counsel asserts that the facts charged of this case are included in the charges pending in the appellate trial (in particular, the part concerning the charge of forgery of paper paper used in the use of counterfeit currency No. 4 No. 5 of the attached Table of Crimes (2), hereinafter referred to as the "prior charges of this case"), such as the records of criminal records, which have already been prosecuted against the defendant, and thus, the prosecution of this case constitutes double prosecution.

2. Determination

In light of the following circumstances acknowledged based on the evidence adopted and examined by the court, the facts charged in the instant case are apparent not to be included in the preceding facts charged, and thus, the Defendant and the defense counsel’s above assertion is not accepted.

1) When the police discovered a forged call due to the instant crime, the Defendant all recognized the crime of forgery and maintained such statement up to this Court. Meanwhile, the facts charged on the charge of forgery of a currency and the use of a forged currency, which has already been prosecuted against the Defendant, are as indicated in the attached Table of Crimes (1) and (2). The date and time of the crime as stated in the instant facts charged and the number of forgery of a forged currency is different from the number of days of the crime as indicated in the facts charged as above.

2) Meanwhile, at the time of the initial police investigation, the Defendant stated that, whenever necessary for use in sexual traffic at the time of the initial police investigation, 10,000 won was forged, and that the number of accurate forgerys was not known, but that 500 was forged. At the time of the investigation by the police two times thereafter, at the time of the investigation by the police, the Defendant made a statement specifying the crime of forgerys used in sexual traffic (the part concerning the use of forged calls in the annexed sheet (2) of the previous facts charged in the instant case) and the crime of forgerys in the currency based on forgerys in possession of the Defendant. In particular, upon the discovery of forgerys in which the Defendant appears to have forged, the Defendant made a statement by correcting the previous statement based on such a statement of the Defendant. The part concerning forgerys in the currency (1) of the annexed list of crimes

However, the forged call due to the instant crime is found in the front of the building of the Incheon Nam-gu, Incheon, and is used in the crime No. 4 of the crime log (2) of the attached Table of the facts charged in the instant case, which is claimed by the Defendant, separate from the forged currency already confiscated prior to the crime. In addition, in light of the statement made by the Defendant at the police and the specific circumstances leading up to the crime of forging currency, the number and location of the falsified paper by the instant crime, the number and use of the forged paper by the Defendant used for the instant crime, and the method of use, it is difficult to view that the forged currency pursuant to the facts charged in the instant case is included in the prior charges.

Reasons for sentencing

1. The scope of punishment by law;

imprisonment with prison labor for not less than one year but not more than 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

○ The offense of this case is not set the sentencing criteria.

3. Determination of sentence;

The following circumstances and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., and all of the sentencing factors shown in the trial process of this case, including the circumstances after the crime, shall be determined as ordered.

Such unfavorable circumstances: The crime of this case is a serious act that seriously undermines the public credit and transaction safety in the currency, and that is not forged.

The favorable circumstances for ○○: The Defendant recognized and reflected all the instant crimes in this Court. The Defendant did not have been punished prior to the instant crime. The Defendant merely copied the front and rear sides of KRW 10,000 in the form A4 using a local reproduction machine, and could have easily known that the method of forgery is a forged currency if he paid a little amount of money to the general public due to the change of pneumoconiosis. The Defendant did not have any history of criminal punishment prior to the instant crime.

Judges Man-ho

Judges Han Han-chul

A person shall be appointed.