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(영문) 서울중앙지방법원 2019.02.14 2018고단1366
위조유가증권행사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2017, the Defendant was sentenced to a suspended sentence of two years and a fine of three million won for violating the Illegal Check Control Act at the Suwon District Court on June 2017, and the judgment became final and conclusive on September 1, 2017.

【Criminal Facts】

1. On June 2, 2017, around 21:00, the Defendant: (a) paid the price for sexual traffic to the victim E (n, 20 years of age) using “C” 302 smartphone display d” in Gangnam-gu Seoul, Seoul; (b) performed sexual intercourse and similar intercourse with the victim; (c) issued one million won’s cashier’s check, forged with the victim, who is aware of such forgery, as if he/she were actually issued, in the form of sexual traffic.

In this respect, the defendant, who is engaged in sexual traffic, exercises forged securities, deceiving the victim, and is exempted from paying 1 million won for sexual traffic to the victim, thereby acquiring property profits equivalent to the same amount.

2. On June 4, 2017, around 21:00, the Defendant paid the price for sexual traffic to the victim who met with “C” in Gangnam-gu Seoul Metropolitan Government “D”, and committed sexual intercourse and similar intercourse with the victim, and then, the Defendant issued two copies of the cashier’s checks forged as stated above to the victim who is unaware of such forgery as if they were actually issued the same.

In this respect, the defendant, who is engaged in sexual traffic, exercises forged securities, deceiving the victim, and is exempted from paying 2 million won for sexual traffic to the victim, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Copies of cashier's checks;

1. The police seizure record and the list of seizure;

1. Details of the F dialogue;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (reports attached to the same criminal records and the same criminal records);

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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