(영문) 서울중앙지방법원 2014.5.30. 선고 2014고합200 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal History Office

【Criminal Power】

On October 10, 2013, the defendant was sentenced to imprisonment with prison labor for three years and fines for 700,000 won in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of forging currency, etc.) by the Incheon District Court, and the judgment was finally decided on January 17,

【Criminal Facts】

1. Violation of the Control of Illegal Check Control Act, and forged, negotiable instruments, and fraud;

(a) Violation of the Control of Illegal Check Control Act;

(1) In collusion with C, around August 11, 201, at a room where it is impossible to identify the EMelho Lake located in Nam-gu Incheon Metropolitan City D, the Defendant copied the front and back of the 100,000 won cashier’s checks (the check number F) issued by the NAC branch of the NAU, Incheon National Agricultural Cooperative, which was previously purchased for the purpose of exercising, to the front and back of the A4 pages, and C forged the knife knife knife knife knife k.

(2) On August 31, 2011, the Defendant conspired with the above C, and forged 10,000 won cashier’s checks (check number 1) 29, and 100,000 won cashier’s checks (check number J) 30,000 won by forging 10,00 won by the new bank Incheon Branch with the above Samsung Track Consolidated for the purpose of uttering.

(b) Counterfeitd securities events;

On August 12, 2011, the Defendant, in collusion with the above C, calculated the amount of KRW 4,000,000 in Madern L located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and issued to the above L, who is unaware of the forgery, a copy of the 100,000 won check issued by the Incheon Cheongjin-gun Branch of the Agricultural Cooperative Federation, as shown in paragraph 1-A (1), as if it was duly constituted.

The Defendant, including this, conspired with the above C and exercised 52 copies of the forged check from the above date to September 3, 201 by delivering 52 copies of the forged check, as shown in the attached list of crimes (1).

In collusion with the above C, the Defendant: (a) calculated the amount of KRW 4,00,000,000 per annum 4,000,000 per annum as above, and (b) conspired with the above C, by suggesting that the above forged check was a check to be duly formed; (b) by deceiving the victim L, and (c) received KRW 96,00,00 from the victim L with the same amount of KRW 4,00,000.

In collusion with the above C, the Defendant received a total of KRW 5,200,000 from the above date to September 3, 2011, in total, 52 times as shown in the list of crimes in attached Table (1).

2. Exercising counterfeited currencies, and fraud;

(a) Counterfeiting counterfeited currencies;

In collusion with the above C on August 2011, the Defendant: (a) in a room where it is impossible to know about 00 murhos room located in the Nam-gu Incheon National N; (b) in front and rear sides of the Bank of Korea issued in advance using the above Samsung mar compound (BL2350732K, KC2471429A, CD061J); (c) in front and rear sides of A4 sites; and (d) in a way that the above C forged the knife part with the knife with the knife with the color cover, forged 500 murine 500,00,000 won; (b) around August 30, 201, the Defendant calculated that Qu 200,000 won was forged from a restaurant operated by the Nam-gu Incheon National P, and issued it to Q 144,000,000 won as above, and issued it to Q.

In collusion with the above C, the Defendant committed an event by providing three copies of forged paper as above, such as the list of crimes (2) from the above date to September 3, 2011, in collusion with the above C.

(b) Fraud;

The Defendant calculated KRW 2,00,00 in the same date, time, place as set forth in Article 2-A, and calculated the victim Q Q as above, and by suggesting that the abolition of the right of KRW 2,000,000, forged as above, was actually formed, the Defendant enticed the victim Q Q, and received KRW 8,000 from the victim Q Q to the Kim Ged and Spanish amount equivalent to KRW 2,00.

In collusion with the above C, the Defendant received a total of 30,000 won from the above date to September 3, 2011, in collusion with the above C, as shown in the list of crimes in attached Table (2).

Summary of Evidence

【Criminal Facts in the Market】

1. Each legal statement of the defendant and C;

1. Each prosecutor's interrogation protocol on the accused and C;

1. Statement made by the prosecution against C (including the cross-examination part with the defendant);

1. Each police statement of S, T, U, V, W, X, Y, Z, AB, AC, AD, AE, AF, AH, AI, AJ, and L;

1. AK, AL, AM, N, AO, Q, AP, AR, AS, ATS, AU, AV, AW, AX, and Y;

1. The president of the South Korean Industrial Bank of Korea, the president of the Korean branch office, and each accusation of the new banks;

1. Each report, a report on the discovery of forged or falsified facts, a report on the discovery of forged or falsified checks, a report on the discovery of forgery of securities, a report on the discovery of each forgery of securities, personal information on the case of forgery of currency, a report on

1. The result of fingerprint appraisal at crime scene, and the result of such fingerprint appraisal;

1. Photographs related to the purchase of a local compound, photographic photo of a suspect taken into CCTV, CCTV at the scene of the crime, CCTV photograph of C suspect C, field photograph, CCTV photograph of agricultural cooperative, appraisal photograph of agricultural cooperative, photographic photo of new bank CCTV, and photographic photo of the relevant group of checks;

1. A copy of each judgment;

【Prior Records at the Time of Sales】

1. Criminal records and copies of each written judgment;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5 of the Illegal Check Control Act, Article 30 of the Criminal Act, Articles 217, 214 (1), and 30 of the Criminal Act, Articles 347 (1), and 30 of the Criminal Act, Articles 207 (4), (1), and 30 of the Criminal Act, Articles 207 (4), (1), and 30 of the Criminal Act (the point of exercising counterfeited currencies, the choice of limited imprisonment).

1. Statutory mitigation;

The latter part of Article 37, the latter part of Article 39(1), Article 55(1)3 and Article 55(6) of the Criminal Act (the principle of equity in cases where a judgment is rendered simultaneously with a crime for which a judgment becomes final and conclusive)

1. Handling concurrent crimes;

The latter part of Articles 37 and 39 (1) of the Criminal Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Forgery of Currency) against which judgment becomes final and conclusive

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (Concurrent Imposition of Punishment and Punishment) of the Criminal Act, Article 50 (Punishment on September 3, 201, with the largest penalty prescribed for the crime of fabrication and uttering of false currency) (Concurrent Imposition of Fine for the heavier penalty and the last penalty prescribed for the crime of violation of the Illegal Check Control Act on a forged check with the largest penalty)

1. Discretionary mitigation;

Articles 53 and 55(1)3 and 65(1)6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 6 of the Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

Each of the crimes of this case was committed independently by C, and the Defendant did not have conspired to commit each of the crimes of this case with C or shared the commission of the crime.

2. Determination

The following circumstances acknowledged by the records of this case, i.e., in the case of each of the crimes of this case in this court, the defendant stated that there was a serious concern on the charge of the prosecution separately, even though the punishment had already been imposed on the opportunity such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Forgery of Currency), etc., on which punishment has become final and conclusive. However, in principle, the defendant stated that C, along with C, has forged currency, cashier's checks, forged them, and divided them into counterfeited currency, cashier's checks, and cashier's checks, and that C, in the prosecutor's office, performed the act of forging currency, cashier's checks with the defendant, and even when dividing them into currency, cashier's checks, and cashier's checks, one person entering the same as the defendant, who was waiting in the vehicle, took the role of using the currency, checks, and cashier's checks.

In addition, from August 11, 201 to September 3, 2011, the period during which each of the crimes of this case was committed, the defendant and C were stated in the court that they carried a siren like C and carried a siren and carried a cashier's check. In light of this, even if the defendant and C were to bear part of the commission of the act of uttering of forged currency or forged securities, the defendant and C were to have divided the cash acquired through the crime of this case into almost the same amount and used it for living expenses. In light of this, the defendant and C seems to have had a clear intent to acquire property profits through the crime of fake currency or forged securities held by the other party. ④ In collusion with Gap, as stated in paragraph (1) of the crime of this case, C had committed the crime of forging a cashier's checks and by using them, and acquired money through the use of falsified currency as stated in the judgment, and in light of the above part of the defendant's imprisonment with prison labor and the above part of the defendant's allegation that the defendant committed the crime of this case and the above fine of this case.

6) Grounds for sentencing

In light of the fact that the defendant's act of forging currency or cashier's checks in large amount disturbs the basic order of market economy through each of the crimes of this case, the sentence of sentence is inevitable for the defendant.

However, with respect to the Defendant’s use of counterfeited currencies or cashier’s checks on the same opportunity as the instant crimes at the Incheon District Court on October 10, 2013, the Act on the Aggravated Punishment, etc. of Specific Crimes (a fine of 700,000 won is imposed for three years of imprisonment due to the crime of forging currency, etc.) and the judgment becomes final and conclusive on January 17, 2014. In light of the foregoing final and conclusive judgment, it is necessary to determine punishment in consideration of equity when the judgment was rendered simultaneously with the final and conclusive judgment, the Defendant basically recognizes each of the instant crimes, and takes the attitude that the Defendant repents his mistake, taking into account the Defendant’s age, character and conduct, family environment, and circumstances after the instant crimes, etc., the punishment as set forth in the order shall be

It is so decided as per Disposition for the above reasons.

Judges

Freeboard of the presiding judge;

Judges Park Il-young

Judges Kim Gin-han

Note tin

1) Defendant’s legal statement

(ii) No. 1301, No. 1311 of the Investigation Records

3) Defendant’s legal statement

4) Defendant and C’s legal statement

(v) 1, title 62 to 78 of the investigation records.

6) Each of the crimes of this case is not subject to the sentencing guidelines since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, fraud, the crime of violation of the Illegal Check Control Act, the crime of uttering of forged securities, the crime of uttering of forged currency and the latter part of Article 37

Attached Form

A person shall be appointed.