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(영문) 대구고등법원 2014.07.24 2014노90
특정범죄가중처벌등에관한법률위반(통화위조)등
Text

The judgment of the court below is reversed.

No. 1-A of the judgment of the defendant

Crimes and 2-A

As to the crimes, one year and six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 10,000 United Nations (hereinafter “NE”) of the instant case

(2) On December 1, 1958, when first issued and used on December 1, 1958, and when the payment was suspended on January 4, 1986 and the force was lost, it does not fall under “a foreign abolition which is made available for use in a foreign country” as prescribed by Article 207(3) of the Criminal Act. Even if the right of only 10,00 of the instant case had the force of force, the Defendant did not recognize that the instant internationalization was a bruption with the force of force. Nevertheless, the lower court did not know that the instant internationalization was forged at the time when the Defendant acquired or brought into the Republic of Korea, thereby affecting the conclusion of the judgment. (2) In so doing, the lower court did not err by misapprehending the legal doctrine on the force of forced use in currency, or by failing to know that the instant internationalization was forged at the time of the acquisition of the instant internationalization, and brought into the Republic of Korea.

3) The Defendant, knowing that the instantization was a claim issued by the Japanese government as a war compensation against China and known that it would be entitled to 30% of its face value, and then delivered the internationalization of this case to B. Therefore, the Defendant cannot be deemed to have exercised a forged currency since it was given the internationalization of this case as a claim rather than the currency. Moreover, since USD 1 was issued by S upon the request of the 2000 Formula (referring to the process of receiving personal safety certificates and national checks for the person who manages the currency, etc., which is a specific object), it cannot be said that there was a purpose of exercising the international currency. (b) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment and three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the foreign currency, paper money, and paper as to the existence of one force and its recognition.

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