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(영문) 수원지방법원 2016.09.22 2016고단3715
위조유가증권행사
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Central District Court, and the said judgment was finalized on July 10, 2014. On July 25, 2014, the Seoul Central District Court sentenced the Defendant to ten months of imprisonment for a violation of the Illegal Check Control Act at the Seoul Central District Court on July 25, 2014, and the said judgment became final and conclusive on August 2, 2014.

On October 20, 2010, the Defendant: (a) purchased 1686m2 and 1798m2, E, from C, the parents of his parents, to 30,000,000 won in cash; (b) purchased 5 million won in cash and 25,000 won in the face check (hereinafter “the check of this case”).

However, even in early August 2010, the Defendant had been aware of the forgery of the instant check on the following grounds: (a) Non-indicted F, the face value of which F used to forge and use the check; (b) at that time, the Defendant was unaware of the company called C&T at that time; and (c) there was no fact that F entered the check into the check with F in return for money; and (d) there was no fact that F was forged.

Nevertheless, the Defendant, as if the check of this case was actually issued, exercised the forged valuable securities by delivering it to C without knowledge of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. Investigation report (report on attachment toG judgments);

1. An investigation report (a report on confirmation of current accounts, etc. received as the purchase price of the third party real estate);

1. A complaint, a copy of each check, and a contract for real estate sale;

1. Previous convictions in the judgment: (A) the application of an inquiry letter, a report on the results of confirmation of the previous convictions in the disposition, and a report on investigation (Attachment of a copy of the judgment and confirmation date);

1. Articles 217 and 214 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant's mistake, the defendant's agreement is reached with the defendant, and the defendant's decision has become final and conclusive.

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