A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

around 14:00 on June 3, 2017, the Defendant kept one copy of a forged household check (on a face value of 5 million won, check number: C) issued to Kwikset through Kwikset’s services from a new bank located in Jung-gu Seoul, Jung-gu, Seoul, to whom the name cannot be known, and issued as if it was actually prepared, and received three million won from D who believed it as a genuine household check as a discount price.

In this respect, the defendant deceivings the victim, defrauds the victim with 3 million won, and uses the forged family income list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The accusation of the Korean bank;

1. Application of statutes on a copy of a forged check;

1. Relevant Article 217 of the Criminal Act and Article 217 of the Criminal Act (the occupation of exercising a forged check) concerning facts constituting an offense, and Article 347 (1) of the Criminal Act (the occupation of fraud and the choice of imprisonment with labor);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Determinations on the type of false securities (1) : The area recommended under Category I (2) such as fabrication, alteration, etc. of pay securities, etc.; 2) : The area of mitigation; imprisonment with labor for one month from one month to one year (no penalty is imposed);

(b) Determinations on the type of fraud 1). In the area of recommendation of Category 1 (less than KRW 100,000) (ii) of the General Fraud: Reduction area, one month to one year and six months (not subject to punishment);

(c) Scope of the recommended sentence as a result of handling multiple crimes: Imprisonment with prison labor for one month to one year and six months;

2. Determination of sentence;

(a) A favorable normal situation: A relatively minor that reflects, is not subject to punishment, and the amount of damage;

(b) Unfavorable circumstances: Records of the same crime;

C. The Defendant’s age, sex, environment, occupation, family, motive and consequence of the crime, and various sentencing conditions as shown in the instant records and trial process, such as the circumstances after the crime, shall be determined as ordered by comprehensively taking into account.