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(영문) 서울남부지방법원 2014.06.27 2014고합3
특정경제범죄가중처벌등에관한법률위반(사기)등
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A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

The Defendant offered a forged cashier’s check to be paid by the bank, presenting it to the bank, E (the three-year sentenced to imprisonment on April 29, 2010, September 30, 201), F (the two-year sentenced to imprisonment on February 19, 2009, May 18, 2009), G, etc., and the payment of the falsified cashier’s check to the bank.

On July 15, 2008, the defendant demanded E to present a cashier's checks to the bank and ordered E to present a cashier's checks to the bank.

On July 16, 2008, F presented two copies of the cashier's check ( check number J, K) of KRW 1.5 billion, which is a forged securities, which was arbitrarily stated in the column of "1,500,000,000" and "I of the branch offices south of the Republic of Korea Bank" in the issuer column, to the employees of the above bank at the point of origin of the bank located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Busan Metropolitan Government, as if the two copies of the cashier's check ( check number J, K) were genuine.

Accordingly, the Defendant, in collusion with E, F, G, etc., exercised forged securities, and by deceiving the above H, issued a cashier’s check of KRW 100 million owned by the victim bank from the above H to KRW 28 to KRW 50 million, and received delivery and remittance of KRW 150 million in total to the post office account in L.

Summary of Evidence

1. Each legal statement of witness L and F;

1. Statements in part E of the suspect examination protocol of the prosecution (Evidence No. 80);

1. The police statement of H;

1. Application of Acts and subordinate statutes to notify the results of appraisal of cashier's checks, such as a real estate lease contract, copy of passbook (Evidence List No. 41), investigation report (report on the result of execution of a search and seizure warrant), cash flow, account transaction details, check tracking details, etc.

1. Articles 217, 214 (1), and 30 of the Criminal Act for the crime at issue; Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; Articles 347 (1) and 30 of the Criminal Act for the crime at issue;

2. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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