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(영문) 부산지방법원 2013.10.24 2013고단2258
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 18, 2012, the Defendant violated the Illegal Check Control Act: (a) forged one cashier’s checks using a local copy of the Do Real Estate Office located in Busan, Busan, with the aim of exercising at the D Real Estate Office; (b) on April 18, 2012, using the local copy of the check number “E”, “1,00,000 won”, “F Branch G of the Busan, Busan, Bank F Branch G”; and (c) issuing date “F Branch G of the Busan, Busan, Bank”, and “4, 18, 2012.”

2. On September 27, 2012, the Defendant paid KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant Article 5 of the Control of Illegal Check Control Act, Article 217 of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense (the point of fraud and the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the suspended execution, the defense counsel asserts that the instant check was reproduced only on the front and does not constitute a forged check because the general public does not have any appearance to believe that it is a true check.

However, even though the back of the check of this case is not copied, it does not interfere with the nature of the check of this case because the front has the appearance of the check of this case.

As such, the above is applicable.

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