2012. Mono 1117 Foreign currency events, counterfeit securities events

Kim 00 (00000 - 000000) - Religious leave

Accommodation-si

Seoul basic domicile

Kim Jong-Un (Lawsuits) and Clerks (Trial)

Attorney Kim Jong-type

January 31, 2013

A defendant shall be punished by imprisonment for two years.

one copy of the daily cashier's check issued by the National Agricultural Cooperative Federation (No. 51348754, No. 1 of the check number),

Of counterfeit foreign currency 10, 00 US$ 565 (No. 2), 1,000 US$ 400 (No. 3)

USD 5,000 (No. 4), USD 5,000, USD 963 (No. 5), USD 10,000.

A plate (No. 6), 5,000 US dollars 2,00,000 and 200 US dollars 2,000,000

shall be confiscated.

Criminal facts

The Defendant, on July 25, 201, 200, made a phone call to this 00, which had been known to ordinary people around July 25, 201, and read “paid 1,00.”

There are two different forms of clocks and 5,000 foot clocks and 300 foot clocks, which shall be reduced by a third party.

the deposit passbook to be kept as security and marked as 60 billion won or more shall be secured.

30,000,000 won in the head of the Tong by performing work on the loan of 30,000,000 won to be paid in the event of suspension of payment.

The check will be returned to the owner of the passbook as aground, whichever is to be deposited. The check will be returned to the owner of the passbook.

$30,000,000,000,000,000

The consent was received.

On July 26, 2011, the Defendant: around 00, the second floor of Jung-gu Seoul Special Metropolitan City, Jung-gu, the second floor of which is located, Jung-gu, Seoul Special Metropolitan City around 00

U.S. dollars 10,000 forged in his or her rental vehicle in the parking lot;

Chapter 565, M&D 5, U.S. dollars 5,000, M&D 963, M&D 1,000, M&D 400

Dong, in which 5,00 US$ 1,928, which was contained in the forged US dollars 1,928 was newly inserted, such as the head, etc.

One box, 10, 000 US dollars and 5,000 US dollars which have been caught by the paper of the board box, and 5,000

Part 1 (hereinafter referred to as the "collaboration and misappropriation of this case" in total of US dollarss) - the above part

1, 00 billion won cashier's checks of this case (hereinafter referred to as "the counterfeited checks of this case") are

was delivered to any person who is not known to him and exercised. 1)

Accordingly, the defendant exercised foreign currency and securities that are forged to 00.

Summary of Evidence

1. Legal statement of 00 witness;

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

1. The third and fourth police suspect interrogation protocol against the accused;

1. A copy of an interrogation protocol of the prosecution concerning 00;

1. A copy of a protocol of suspect examination of the police against 00;

1. A copy of each police statement made with respect to maximum 00, leap00, and lib00;

1. A copy of the last 00 statement;

1. Copies of the seizure report (on-site copies);

1. A criminal investigation report (suspect Kim 00 absence), a criminal investigation report (Attachment to the judgment), and a criminal investigation report (one million won or more);

The authenticity of the previous check shall be verified), investigation report (abs.g., a false statement of appraisal); investigation report (abs.g., seized articles)

Attachment of a photograph, investigation report (a copy of hearing of 30 telephone statements by reference person)

1. One cashier's check issued by the National Agricultural Cooperatives Federation (No. 51348754, No. 1), the number of which is 50 million won

US$ 10,000 (No. 2, No. 1,000) No. 565, No. 1,0000 (No. 3, No. 400)

US$ 5,000 (No. 4), USD 5,000, USD 963 (No. 5), USD 10,000.

One sheet (No. 6), 5,000 US dollars 2,00,000, in which the flabal pattern was inscribed (No. 6) and one sheet (No. 1)

Sub-paragraph 7). Existing

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 207(4) and (3)(a) of the Criminal Act, Articles 217 and 214(1) of the Criminal Act

(O) The point of exercising forged securities)

1. Competition;

Articles 40 and 50 of the Criminal Act. Article 50 (Punishment on Punishment for Uttering False Securities with No more Crimes)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. The assertion;

① The number of forged butane paper of this case is limited to 600 degrees, and 00

At the time when a forged check and a forged paper paper was delivered, the above check and paper paper were forged;

(2) The forgery of this case is a true currency of the general public.

It cannot be deemed that there was any appearance sufficient to mislead the Defendant, and ③ the Defendant has forged or discarded the instant case.

there has been no way to distribute. The family affairs did not know that the paper paper was forged.

§ 00. This section shall not apply to a person who, upon the request of the defendant, did not have any intention to exercise it.

The paper only presents 5,00 US$ 5,000 paper paper paper paper 1 to the least 00, but also put the paper paper in circulation.

As a result, the defendant, who is an indirect offender, committed an attempted crime of uttering of foreign currency.

2. Determination.

A. The amount of forged, US, and paper money of this case, and the amount of 00 forged checks and paper paper money of this case

Whether or not there has been awareness of the circumstances

In this case, the evidence duly adopted and examined by this Court can be found.

in other words, the circumstances, i.e., the defendant, having received two copies of the plate from the defendant, and i.e. the defendant

B. Transporting in Franc (a large lux in the shape of a luculous luc) containing and accompanying the winners, etc. on July 27, 2011.

In the Bank, the notice was presented to 00 copies of the falsified Check and 5,000 US$8 00,000.

Then, after being identified by the bank as a forged check and a forged paper, 2, etc. by the police;

All articles in v. c. all were seized and the sum of the forged paper paper of this case within two c. c.

1. 2 Doz. Doz. 600 Doz. Gaz. 1, 928 contain 2 Doz. Doz.

The defendant is not the defendant for the purpose of

there is no reasonable reason or circumstance to believe that they have been additionally procured from the person;

② On the ground that the Defendant delivered to 00 false checks and forged or falsified paper money of this case, the Defendant’s delivery is reasonable.

00로부터 이00이 임차하여 선원 ( 禪院 ) 을 운영하던 건물이 경매절차에 넘어가 새로 낙

Assistance in extending the period of time while receiving a request for explanation from a female pastor who is a building owner.

The term "self-financial center" (the defendant, the police officer, and the police officer, the term of time to show funds to female pastors.

to the effect that the term "self-financial services" was used, but in the prosecutor's office, 00

be used as a fund or security to prevent a building from being in excess of the building;

I stated that the check was deemed to have been used on the evidence No. 2, No. 419 of the evidence record. The forged check of this case

and the defendant's assertion that he provided forged franchising but franchising franchising franchising franchising

Busan, Busan, 00 00 Dong 000 - 0000 of 00

Although there was a request for assistance to the defendant, the above building was owned by the original house.

on June 5, 2009, sold at a voluntary auction to the graduate School Council of 000 of Korea (the representative Park).

Therefore, since it appears that it had been two years prior to the instant case, the Defendant’s above statement.

that it is difficult to believe that it is, as it is, a witness in an investigative agency, at the time of being investigated as a witness or

There is a fact that the defendant requested assistance for about three years prior to the date of the request, but the forged checks, etc. of this case

At all, he stated that he was well fluent with a pastor at that time, and that he was resolved. I of the evidence record No. 1.

285 pages), 3. As to the circumstances leading up to the delivery of the forged check of this case and the forgery and paper paper of this case:

at the time of being investigated by the police, a person, who is known to him through 00, is a forged check; and

forged checks of this case and forged fluoral fluoral fluorals

was aware of the office, and thereafter, 00 was incurred beyond her own course and requested assistance.

To this 00, it is well known whether or not it is a fake that a person who is referred to in this paragraph has the checks and dollars.

However, 'using Dozine Dozine Dozine Dozines, etc.' which will be obtained as necessary.

(No. 321 of the evidence record) The prosecution and this Court stated that the check of forgery in this case was (No. 1 of the evidence record)

I from the "Yecheon-dong Kim President", who entered the Dongcheon-dong, the counterfeited paper of this case and the dong board containing them, 00 .0 .

from 100, after receiving a request for assistance related to the building from 00, 00 and Kim Jong-g.

The checks and Kim President, 100, who talked with the above circumstances while on the part of the head and the currency; and

US$ 2 made a statement to the effect that it was a temporary use (No. 2 of the evidence record)

418In fact, each of the arguments by counsel is not consistent, and the difference in the contents of the statements is also so big.

(4) 5,000 of the forged check of this case and the forged paper paper of this case

Seoul Central District Court on the ground that it presented to the maximum 00 on July 27, 2011 a part of Russia 1 to be exercised.

201No. 4675 of order 201; forged securities events and forged foreign currency events were indicted; the above crimes were charged.

In the course of investigation and legal statement of the case or the defendant, the forged check of this case and

The fact that the defendant was delivered a forged paper paper in the same manner as the criminal facts stated in the judgment;

As well as consistent statements concerning the forgery of this case in the above criminal case

The reason that it is difficult to recognize that the person was aware of the forgery at the time of presenting the card, etc. to the maximum 00

On November 17, 2011, not guilty; the above judgment was rendered by the appellate court (Seoul Central District Court 201No4281); and

The final appeal (Supreme Court Decision 2012Do2020) becomes final and conclusive on May 24, 2012, and the appeal against 00

In a criminal case, the maximum 00 shall be the head of Tong and seal in which 00 won is 60 billion won at the time of July 27, 2011.

If a copy of a certificate or resident registration certificate, or an abstract of a resident registration, has been entered in the head of the Tong 1,20 billion won.

I stated that the head of the Tong did not respond accurately to the purpose of the passbook (Evidence).

annex 2, 27, 29), and 00 degrees offered by introducing 00 to the upperest 00 upon the request of the Director

Along with the suspension of payment by creating a passbook containing 60 billion won at the time of this 00 billion won, a seal and a resident registration certificate

In this case, an abstract of resident registration 1 and 10 billion won (as a result of the statements of this 00, from 120 billion to 00 billion won)

The amount of 10 billion won payable as consideration for introduction shall be the amount after deducting 10 billion won, among which 60 billion won shall be paid.

the address of the head of the Tong, which was incurred in the amount of 60 billion won, was changed to himself, and was not heard.

(No. 2, No. 38 of the evidence record), 00 made a statement from the defendant, that is, a forged check, etc.

as stated in its reasoning at the time of receipt, the defendant is almost consistent with the proposed facts

Article 34 of the Civil Code shall apply mutatis mutandis to the issuance of forged checks and counterfeited fluoral paper, because the face value is too high.

(1) The purport of this Act is changed to the effect that it can be known that it would be used for financing, etc.

In full view of the inconsistency between the claim itself and the delivery to 00:

600,000,000,000, or more than 600,00

The defendant and his defense counsel's assertion that he knew of the above Article at the time of delivery is without merit.

We do not accept it.

B. Whether the crime of forgery and misappropriation of the instant case was committed to the extent that it can be seen as forgery

Counterfeit currencies which are the objects of the crime of uttering of counterfeit currency shall be genuine currencies of the general public in the course of their distribution.

external appearance (Supreme Court Decision 2011Do7704 Decided March 29, 2012, etc.)

[Reference] .

According to the appraisal opinion on the forgery and misappropriation of this case, the forged land of this case is not forged.

Waste has no geological ability and the early commercialization is not clear, and USD 1,000 for pneumoconiosis, USD 5,000 for 5,000 for pneumoconiosis.

Rights, 10,00 U.S. dollars other than $10,00 have been printed, as well as overcrows.

fact that there is a bad level of phenomenon (as evidence No. 2, 106 pages), the maximum 00Do 00

At the time of the investigation of the case against the forgery or misappropriation of the above case, the investigative agency shall dismiss the case in question.

The color is not clear compared to US$ 100, and materials are able to be able to be able to be able to be able to be able to be able to be able to do so.

The fact that it was stated that it had been seen (No. 2, 27 of the evidence record) may be recognized, but the forged currency has been extinguishing;

(1) be properly produced so as to make it impracticable for any person to identify the truth, in which case the truth is easily identified;

not required, but not identical or similar to geological, size, color, drawing, etc.

The results of the above appraisal or the letter of apology set forth in this court are sufficient if it can be confused with the extinguishment.

According to the shape of counterfeited paper paper papering, US$ 1, US$ 100, US$ 10, and US$ 10,

The design of USD 100 is produced by using the design of the right to USD 100, as the result of the above appraisal; or

Although the concentration of drawing and color differs from the pneumoconiosis, any person who is the general public shall be liable to compensate for such difference.

The appearance is not sufficient to readily conclude the truth, but US$ 1,00, 5,000.

If the right, $10,00 is not a currency that can be seen as scambling, it is likely to be confused with scambred, unless it is a currency

I seem to have been divided (the maximum 00 degree 00 points) 000 points in 000 points in confirming the authenticity of the counterfeit paper of this case.

upon request by the Seoul Central District Court 201Mo4675 delivered as a witness for this 00

At the time, it was thought that it was a serious thing before the 00-bank 000 point was assigned with a sense of appreciation.

I stated that there was evidence No. 4-2 of the submission of defense counsel.

Therefore, this part of the argument by the defendant and his defense counsel cannot be accepted.

C. Whether the defendant has distributed forged or missing land of this case

The defendant is not aware of the circumstances as seen in the above A. In light of the above circumstances.

00 As long as it appears to have been given to 00 as the intention to distribute the counterfeit and unscriptive paper of this case

Since the act itself is the act of distributing the forged and paper paper of this case, this part is the act of distributing it.

The defendant and his defense counsel are without merit.

In addition, the defense counsel of the defendant constitutes an indirect crime and is merely a tool.00

As long as the forgery of the instant case was not distributed, the Defendant’s crime of uttering of a forged foreign currency is committed.

It is alleged to the effect that an attempted crime was committed, but indirect crime was committed as to the entire process of committing the crime.

It shall be established that there shall be a control over action (the so-called control over intention) due to the superior will and awareness of the suspect.

As seen above, according to the evidence set forth above and the circumstances mentioned above, the Defendant’s objection.

to 00 a deposit passbook with 60 billion won on security of the forged checks and counterfeited safbles of this case

after making a proposal to the effect that it will be secured, and after delivery to 00 of the above paper paper, she00

(2) through 00,00,000,000,000

the introduction of le00 up to negotiation on the transaction of the deposit passbook in which the maximum amount of 00 billion won is deposited or 60 billion won is deposited.

In light of these circumstances, this 00 is the case’s forgery and mination of this case’s forgery and mination

Any person who, at the request of the defendant, has been aware that the person has been committed, has the intention to distribute it;

It can not be said that it was merely a part of the Gu that had been controlled by the defendant's will and committed a crime.

Therefore, this part of the argument is without merit.

Reasons for sentencing

Each of the crimes of this case shall impair the authenticity of securities and the transaction credit and safety of currency.

The par value and high value of an act that is highly likely to disrupt the economic order;

In addition, the nature of the crime is very heavy. In addition, the defendant is contrary to objective evidence and is paid.

In addition, there is no finding that it is against the law because it has an unsatisfyed defense, and there is no finding that it is against the law; and

during the towing period, each of the crimes of this case has been committed and has been delivered by the defendant;

The criminal facts charged that he/she exercised mination to the maximum 00 shall have been prosecuted, and a final and conclusive judgment of not guilty shall be rendered.

The defendant is still punished by strict punishment in a consistent manner with the attitude to impose his responsibility on this 00.

A. Meanwhile, the Defendant does not directly forge the forged check and the forged paper paper.

The age, character and conduct, environment, etc. of the defendant, and there is no record of punishment for the same kind of crime.

The sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the instant case.

Judges of the presiding judge;

Judges Yellow-gu

Judges Lee Hy-young

1) After that, around 30 on July 27, 201: around 30: 0, Jung-gu Seoul, 000 Dong 00 - 00 - 00 - 00 00, 000 1st floor of 00 building, the defendant in the VIP room above

in possession of forged currencies and securities delivered by him/her, or to create a passbook containing 60 billion won to the least 00

The amount of KRW 1,20 billion shall be deposited in the head of the Tong, and 60 billion out of the amount shall be found, and the remainder shall be brought up, and US dollars shall be paid for penalty.

1.50 billion won will be assigned to the defendant's 150 billion won. "In the end, 10 billion won cashier's checks and 5,000 US dollars which are counterfeited and delivered by the defendant."

I presented a paper of paper closure.