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(영문) 서울북부지방법원 2017.09.15 2017노1227
위조유가증권행사
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A was unaware of the forgery of the foreign exchange lifelong fund bonds of this case (hereinafter referred to as the “foreign exchange lifelong fund bonds”)

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

B. The sentence imposed by the lower court by Defendant B is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by comprehensively taking account of the evidence duly examined and adopted as to Defendant A’s assertion of misunderstanding of facts or misapprehension of the legal doctrine, Defendant A is sufficiently recognized as exercising the following facts and circumstances upon the knowledge that it was forged by external deliberation.

Defendant

A's assertion of misunderstanding the facts or misapprehension of the legal principles is rejected.

1) Foreign exchange transactions shall be issued by the Minister of Finance and Economy in accordance with the Foreign Exchange Transactions Act, and the Bank of Korea shall not issue this.

However, the issue office (the page 21 of the evidence record) outside of the instant case is the Bank of Korea.

The face value shall be " full won", and the number shall be "500,000,000 WON (O00)", which is not consistent with each other.

The background picture is similar to the booming of the finites in general, and other shapes or infinites are similar.

As such, it is doubtful that the appearance of the instant case itself is true.

2) Defendant A’s external balance received from F is equivalent to KRW 1,200, total of KRW 60,000, total of KRW 1,200,000,000.

If the authenticity is very high, the value of Defendant A received shopping bags without any appropriate security device from the control point, and there is no special reason for Defendant A to take preventive measures against loss or theft in transportation or storage.

This is also true when Defendant A had 100 of the total face value (50 billion won in total) to Defendant B.

3) I paid F 1,200 pages (in a face value of KRW 60,00,000) to F, and, therefore, commercialized this and changed only 10% of the face value.

F is transferred to Defendant A, while doing so, external balance.

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