[특정범죄가중처벌등에관한법률위반(통화위조) ][하집1999-1, 949]
The case holding that the defendant, who is a soldier of the United States of America, was not guilty in the case where the defendant printed 49 copies and 22 U.S. dollars 10,000 U.S. dollars issued by the Bank of Korea four times and 49 U.S. dollars 20, U.S. dollars 22
The case holding that the defendant, who is a soldier of the United States of America, was not guilty in the case where the defendant printed 49 copies and 22 copies of 10,000 U.S. dollars issued by the Bank of Korea on four occasions, 49 U.S. dollars and 20 U.S. dollars 22.
Article 207(1) and (2) of the Criminal Act; Articles 325 and 364(6) of the Criminal Procedure Act
A
Defendant
Law Firm B, Attorney C
Jeonju District Court Decision 98Gohap188 delivered on October 22, 1998
The judgment of the court below is reversed.
The defendant shall be innocent.
The summary of the grounds for appeal by the state appointed defense counsel and defense counsel is as follows: first, the defendant only copied each currency of the judgment of the court below in order to test the performance of computers and printers, and even if there was no purpose to exercise it, the court below found the defendant guilty to have committed an unlawful act affecting the conclusion of the judgment by admitting the fact that the defendant committed a crime of forging currency in the judgment, and second, the sentence of the court below is too unreasonable
Therefore, in full view of the evidence duly admitted by the court below after examining the evidence, it is recognized that the defendant printed the above 10,000 Won 49 and above 22 US$ 20,000 in the way that the defendant inputs the 10,000 US dollars issued by the Bank of Korea and the 20 US dollars 20,000 in the computer using a blade, and printed it with a knickter for four times as stated in the judgment of the court below.
However, in order to establish a crime of forging currency, the printing of the above currency is not sufficient, and it is required to be "for the purpose of exercising the above printed currency". Thus, according to the above evidence, it is recognized that the defendant printed the above printed currency to accurately fit the front and rear sides of the printing paper and then cut down several forms of paper paper paper paper paper paper paper. Meanwhile, according to the above evidence, if the defendant printed the computer and printer machine machine and did not treat it easily or easily, it is found that the above printed paper of this case was used for the purpose of using the printing paper of this case for 10 months after the printing paper of this case. In light of the above evidence, it is acceptable to acknowledge that the above printed paper of this case was against the defendant's purpose of using the printing paper of this case with the printing paper of the air Force, the defendant was found in the waste disposal site of the military airfield base of the United States, and that the above printed paper of this case was found to be against the defendant's duty of safety education for the purpose of using the above printing paper of this case for 198 months.
Thus, it is not sufficient to recognize that the defendant had a "purpose of exercising" merely because the defendant had a clear printing of money in both sides and had a different character of paper paper, and there is no other evidence to support this, so the court below found the defendant guilty of the facts charged of this case, but there is an error of law that affected the conclusion of the judgment by misunderstanding the facts, and the appeal by the state appointed defense counsel and the defense counsel pointing this out is justified.
Therefore, a party member shall reverse the judgment of the court below in accordance with Article 364 (6) of the Criminal Procedure Act, and it shall be decided again as follows.
The summary of the facts charged of this case is as follows: "the defendant, for the purpose of uttering, entered the two forms of 10,000 U.S. dollars issued by the Bank of Korea using the slickners (ASTRA200S) located in the military accommodation of the defendant located in the military accommodation of the U.S.A.A. military force base on Jan. 19, 1998 at the time and around the time, U.S.A.A., the defendant, for the purpose of uttering, into the slick-level computer of 10,000 U.S. dollars, using the 10,000 U.S. dollars issued by the defendant in the above 10,000 U.S. dollars at each of the above 10,000 U.S. dollars at each of the above 20,000 U.S. dollars distributed at each of the above 14,000 U.S. dollars at each of the above 3,000 U. dollars. dollars.
It is so decided as per Disposition for the above reasons.
Justices Kim Jong-ho (Presiding Justice)