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【Defendant A’s imprisonment with prison labor for ten months】
Seized evidence No. 1 shall be confiscated.
【Defendant B】
Reasons
Defendant
A Criminal facts against A
1. On April 19, 2017, the Defendant, at around 19:30 on April 19, 2017, acquired a copy of the check (F number) in front of the Korean bank’s issued 1,000,000 KRW 1,00,000, forged to be owned by a person who was missing the victim’s name due to the loss of the victim’s name at a toilet of the Jung-gu Incheon Metropolitan City, Jung-gu.
The defendant did not take necessary procedures such as returning the acquired property to the person who lost it, but did so.
Accordingly, the defendant embezzled the victim's property.
2. On April 19, 2017, the Defendant, at around 19:5, 201, issued a copy of a counterfeited self-checked check that was found to B in Jung-gu Incheon City, Jung-gu, as described in the foregoing paragraph 1, to a casino game room, and the Defendant would deliver to the casino employees a copy of the forged E casino 1st page, and KRW 100,000,000, which is 10% of the profits from the casino chips, on the face of the entry into a casino chips.
“.......”
B requested G, who is an employee of the place, to exchange the said check with the casino chips.
As a result, the Defendant had B exercise one copy of the forged one check as if he were genuinely prepared.
Since indirect principals are punished with the same punishment as or more mitigated than that of the principals, ex officio application of indirect provisions to the principal offender without modification of indictment does not substantially disadvantage the exercise of the Defendant’s right to defense (see Supreme Court Decision 2014Do13148, Apr. 23, 2015, etc.). The facts charged are revised in the form of indirect principals, taking into account the fact that sufficient hearings have been conducted during the trial process with respect to the involvement of B.
Summary of Evidence
fact No. 1 of the ruling
1. Statement by the defendant in court;
1. The facts set forth in 2 as a whole, including the existence, etc. of confiscated forged checks;
1. Protocol concerning the examination of suspect B by the public prosecutor;
1. Each statement of H and G;
1. To recognize a confiscated check as being comprehensively recorded and existing;
The laws and regulations;