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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On September 9, 2010, the Defendant was sentenced to six months of imprisonment for fraud in Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence in Daejeon Prison around March 201.
【Criminal Facts】
On November 201, 201, the Defendant: (a) received KRW 50,000,000 from the subway Station No. 4 in Seoul, the Defendant exercised the forged securities by receiving KRW 50,000,000 in total amount of KRW 50,000,00,00 in the face value of KRW 10,00,00 in the name of the Director-General of the Korea Bank, Guro-gu Branch Office C (the check number D, E, F, G, and H) under the name of the Director-General of the Korea Bank, Guro-gu Branch Office; and (b) exercised the forged securities.
Summary of Evidence
1. Partial statement of the defendant;
1. I's legal statement;
1. Statement of each police statement concerning I;
1. Photographss and investigation reports of each forged check (Evidence List 40);
1. Previous convictions: Judgment on criminal records and major issues concerning the suspect interrogation protocol against the defendant;
1. The facts charged against the Defendant and his defense counsel are not guilty for the following reasons.
The Defendant knew that five copies of a check issued to I (hereinafter referred to as “the check in this case”) were suspended, but did not know that it was a forged check.
B. The Defendant, without considering that I would distribute the instant checks, issued it to I who known the fact that it was a forged check.
The delivery to the defendant I constitutes the delivery among the accomplices of the crime of exercising securities.
Therefore, even if the defendant delivered the check to I, it cannot be said that the check of this case is still in the process of the criminal.
2. Determination:
A. The facts, circumstances and judgments recognized by this Court based on the above macroscopic evidence are as follows.
(1) The Defendant sent to I a check 100 or more pagesed on the floor by photo. The instant check appears to be part of them, and the instant check amounting to 50 million won per face value to I.