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(영문) 부산지방법원 2018.09.19 2018고단2482
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 14, 2018, the Defendant: (a) forged two copies of a check in the name of the Bank in the name of the Republic of Korea; (b) around February 14, 2018, the Defendant forged six copies of a check in the name of the Bank in the same manner, i.e., the name of the Bank of Korea, 100,000 won in front of the copy form using a local copy machine for the purpose of exercising; and (c) from around that time to February 19, 2018, a copy of a check in the name of the Bank of Korea, 100,000 won in front of the copy form.

2. On February 14, 2018, the Defendant: (a) calculated the F’F’s “F” business place located in the Busan Young-gu, Busan, for calculating KRW 100,000,000 for the payment of the horse price to the Victim G; and (b) issued a forged check number H as if the check was genuine, as described in the foregoing paragraph (1).

As a result, the Defendant, by deceiving the victim and using a forged self-check at the end of the victim's mashion, used a forged self-check. From that time, the Defendant, through the same method as shown in the annexed crime list (2) by deceiving the victims over 13 times, such as the time table (2) in the same manner, acquired a total of KRW 1,500,000, and exercised 15 copies of the forged check.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to I and J;

1. Each statement and confirmation letter of G, K, L, M, N,O, P, Q, R, S, and T;

1. Each accusation;

1. Copies and photographs of each check for himself;

1. Each protocol of seizure and the list of seizure;

1. Each photograph;

1. Each investigation report (the application of Acts and subordinate statutes governing the No. 12, 34, 42, 44, 45, 47, 52, 58, 65, and 78 of the evidence list);

1. Relevant legal provisions concerning facts constituting an offense, Article 5 of the Control of Illegal Check Act (the point of each check above Article), Article 347 (1) of the Criminal Act (the point of fraud, the choice of imprisonment, and the choice of punishment), Articles 217 and 214 of the Criminal Act (the point of exercise of each forged security);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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