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(영문) 대구지방법원 김천지원 2013.10.24 2013고단1031
부정수표단속법위반
Text

Defendants shall be punished by imprisonment for six months and fine for 5,000,000 won.

The above fine shall not be paid by the Defendants.

Reasons

Punishment of the crime

On May 30, 2010, the Defendants: (a) in the “Dart” of Defendant B’s operation in the Gu and America-si, Defendant A observed that Defendant B had the Defendant’s check at the time; and (b) Defendant B stated that “I would like to show it to the Gu, and make a copy of the n’t check.”

Accordingly, Defendant B, using Samsung SCX-1460 complex machines in the above Mat, copied one cashier’s checks of KRW KRW 20 million in the Industrial Bank of Korea, and one cashier’s checks of KRW 1,000,000 in the agricultural cooperatives, in two sides of the back to the general reproduction paper, and forged the 20 cashier’s checks of KRW 20 (the Bank’s checks three and 17 copies of the Agricultural Bank’s checks), and Defendant A carried a copy of the forged check as above.

Accordingly, Defendants conspired to forge cashier's checks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. Report on internal investigation (request for attaching photographs to and identification of a counterfeited one's own check, and execution of warrant of search, seizure and verification);

1. Investigative report (in relation to the attachment, discovery, etc. of counterfeited F photographs of a check, a composite photograph used in this Article shall be attached);

1. Application of Acts and subordinate statutes to report on the results of field identification;

1. Relevant Article 5 of the Control of Illegal Check Control Act and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. The community service order (defendants) under Article 62-2 of the Criminal Act;

1. Confiscation (the defendants) Article 48 (1) 2 of the Criminal Act;

1. The crime of forging a check for the reason of sentencing under Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act is a serious crime detrimental to the sound financial order. Considering that the purchase of forged checks and the amount thereof are not significant.

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