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(영문) 대전지방법원 2019.11.21 2018고단826

위조유가증권행사

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 26, 2017, the Defendant was sentenced to three years of imprisonment for fraud at the Daejeon District Court, and the said judgment became final and conclusive on May 18, 2018.

【Criminal Facts】

On July 2016, 2016, the Defendant: (a) issued five copies of a forged C Bank D branch issued 15,420,000,000 won cashier’s checks in order to secure loans of KRW 150,00,000 from B, at a coffee shop where the name near the exit No. 657, as the Seoul Special Metropolitan City, was unknown; (b) the Defendant had tried to receive five copies of a forged C Bank D branch issued in the table of the forged Check; (c) after the death of B on December 2016, the Defendant sought a method of recovering investment money by using the forged check; and (d) had tried to receive a fee in consultation with the persons dealing with the forged check in order to exchange the fee in cash.

At around 12:00 on July 5, 2017, the Defendant offered to G to the same effect as “I will receive money from using the forged cashier’s checks as indicated in the falsified-gu Seoul, Dongdaemun-gu, by issuing five copies of the forged Check,” and G consented to the above five copies of the check at the first entrance located in Jongno-gu Seoul, Jongno-gu, Seoul at around 14:00 on the same day. At around 14:00 on the same day, J presented to the same effect as J only Ha or five copies of the check. At around 14:30 on the same day, J consented to this, Ma Ma Y at the L station located in Jongno-gu Seoul, Jongno-gu, Seoul, and at around 15:00 on the same day, M consented to this, Ma is authenticly issued at the 15:00 on the same day.

Accordingly, the Defendant, in collusion with G, J, and M, exercised the forged securities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement concerning N;

1. Each police interrogation protocol of the accused, J, and M;

1. G mobile phone;