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(영문) 전주지방법원 2016.08.12 2015노1369
위조통화지정행사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) of this case’s misunderstanding of the general public’s appearance to the extent that the general public can be mistaken for a genuine currency, and thus, the court below erred in finding the Defendant not guilty of the facts charged of this case due to misapprehension of legal principles.

2. Determination

A. On May 15, 2013, the Defendant: (a) purchased goods equivalent to KRW 41,350,00, such as coffee, and calculated the amount of goods by presenting to the employees the back of the forged 50,000 won, which was obtained in an irregular way; and (b) obtained in an irregular way; and (c) subsequently, presented the back to the employees.

B. The lower court determined as follows, based on the evidence duly adopted and examined at the lower court: (i) the forged paper paper of this case is similar to the size, pattern, and color of the paper using an electronic reproduction machine; (ii) the paper paper of this case is similar to the size, shape, and color of the paper (the length of the street is smaller than 2 meters, and the length is smaller than 50 million won; hereinafter the same shall apply); (iii) the paper paper of this case is not consistent with the color of the paper; (iv) the back paper is left blank; and (v) its employees were not aware of the fact that it was not true KRW 50,00 at the time of the Defendant’s formation of the forged paper paper of this case; (iii) the Defendant’s act of not more than 2 years or a fine not exceeding 50 million won is more than a fine not exceeding 1 million won; and thus, (iv) the Defendant’s act of not being punished by imprisonment with prison labor or a fine not exceeding 2 million won.

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