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(영문) 수원지방법원 성남지원 2019.10.08 2019고단1136
위조유가증권행사
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

Around August 2018, the Defendant knew that six checks of KRW 200,000 are forged at each face value of KRW 2,000,000,000, the Defendant issued a false statement to D, at the Defendant’s office located in the third floor of the Seocho-gu Seoul Metropolitan Government C building, stating that “B received a request from the President of the United Nations affiliated organizations to fill up several hundreds of the State funds for special purposes in order to use the funds for the unification of South and North Korea,” and then, “it is possible to check whether the checks can be changed in cash, and if possible, exchange the checks in cash,” five copies of the forged cashier’s checks held by B (5 copies of each issuance date in the name of F Bank set-off Branch, KRW 20,000,00,00,000, KRW 3,000,000, KRW 40,000,000, KRW 178,000,000.

Accordingly, the defendant exercised five forged securities.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D and B;

1. Application of seizure records (15 pages of investigation records), report on internal investigation (verification by a bank issuing checks) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant guilty of Article 48(1) of the Confiscation Criminal Code provides that six copies of the check amounting to KRW 200 billion at face value shall be collected from B, and the authenticity thereof shall be verified, and it shall be verified. The Defendant, as a result of the National Intelligence Service’s origin, participated in the distribution of the so-called “ underground funds” and that the authenticity of the said check can be verified closely. The Defendant stated five copies of the above check and confirmed the authenticity thereof.

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