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(영문) 수원지방법원 성남지원 2015.12.24 2015고합236
통화위조등
Text

A defendant shall be punished by imprisonment for one year.

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

At around 12:00 on June 29, 2015, the Defendant forged the Defendant’s house located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, with a local compound device for the purpose of exercising, and then cut off in the same size as the original, the Defendant forged the Defendant’s 50,000 Won 2 and 5,00 Won 1.

At around 14:30 on July 1, 2015, the Defendant continuously purchased 1,00 won 1,00 won or more of the market price from the victim F, and offered 50,000 won of the issuance of forged Bank of Korea, and attempted to receive the balance, but the Defendant was not aware of the forgery of the charge and did not lead to the occurrence of the charge.

Accordingly, the defendant, for the purpose of exercising his right, forged and exercised the land closure of the Republic of Korea, and attempted to receive property by deceiving the victim, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Seizure records;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 207(1) of the Criminal Act (with regard to the provision of the currency, including the provision of the said Article, the choice of limited imprisonment), Article 207(4) of the Criminal Act (the point of exercising counterfeited currency, the choice of limited imprisonment), Articles 352 and 347(1) of the Criminal Act (the commission of attempted fraud and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes Concerning Uttering False Currency with the most severe punishment and crime)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing criteria are not set, but the sentencing criteria are not applied to the crime of forging false currency and uttering of forged currency for the reason of sentencing under Article 48(1)2 of the Criminal Act, and the crime of attempted fraud is an attempted crime.

1. Scope of applicable sentences under Acts: Imprisonment for a year to June 22; and

2. Determination of sentence: One year of imprisonment and two years of suspended execution; and

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