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(영문) 서울지법 북부지원 1984. 3. 9. 선고 83고합453 형사부판결 : 항소
[부정수표단속법위반등피고사건][하집1984(1),679]
Main Issues

The number of crimes committed in the event of discharge of liability by delivery of forged securities;

Summary of Judgment

The crime of uttering of forged securities and crime of fraud are established, respectively, in case where the liabilities already incurred by the delivery of forged coefficient tickets are exempted.

[Reference Provisions]

Articles 40, 217, and 347 of the Criminal Act

Escopics

Defendant

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

When the above fine is not paid, the defendant shall be confined in a workhouse for the period calculated by converting the amount of KRW 3,000 into one day.

The number of days under detention prior to the rendering of this judgment shall be included in the above imprisonment.

A seized seal (No. 1) shall be confiscated.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

Defendant,

1. At around 23:00 on November 20, 1983, two copies of a blank bank check with the number of the check number 0302879, 030280, 030280, which was owned by the victim non-indicted 1's house in Dongdaemun-gu Seoul (detailed omitted), was stolen from the left-hand part of his military uniforms, where he was suffering from the cresh of his clothes by taking advantage of the cresh of the lush in his lusium.

2.For the purpose of uttering:

On April 18:00 of the same year, in the defendant's office plan, the amount column of the household check number 03022879, which was stolen using the black flusium at will, as above, is KRW 00,000,000,000 in the column of the amount of the bank check dated 0302879, and Nonindicted Party 1 and the payee column on December 4, 1983, and Nonindicted Party 1, respectively, are stated in the issuer column, and one copy of the household check is forged by entering Nonindicted Party 1, each of whom was approved in advance, in the issuer column;

3. A. At around 13:00 of the same month, at around 13:00 of the same month, the Yeongdeungpo-gu Seoul Metropolitan Government 2 took an amount equivalent to KRW 100,000,00, such as alcohol and alcohol, at the 13-1 Gangseo-dong 2, Yeongdeungpo-gu 13, and thereafter, he exercises the right to make a false family check under the presumpted name as if it had been actually formed as if it had been genuine; and

B. The above victim non-indicted 2, who was discovered that the above household check was actually established at the same day and at the same place, delivered one copy of the forged household check as the name of the price, and exempted the payment of a sum of KRW 100,000, which is equivalent to the above amount.

Summary of Evidence

The trial room for judges,

1. Statement corresponding thereto in this court by the defendant;

1. Each statement that corresponds to the suspect interrogation protocol of the defendant prepared by the prosecutor and the statement of non-indicted 2

1. Statement of Nonindicted 1’s written statement in compliance with the judicial police officer’s protocol of statement; and

1. There is proof that the seized seal can be recognized by comprehensively taking account of the existence, etc. of one (No. 1) of the seized seal.

Application of Statutes

Article 329 of the Criminal Act provides that the so-called "the first theft" of the judgment of the defendant shall be defined as "the so-called "the illegal Check Control Act" Article 5 of the "the so-called" Article 21 of the "the so-called" Article 31 of the "the so-called "the so-called" shall be defined as "the so-called" Article 217 and Article 214 (1) of the "the Criminal Act" Article 347 (1) of the "the so-called "the so-called fraud" shall be defined as "the crimes of uttering of securities" and "the crimes of embezzlement" shall be defined as "the crimes of uttering of securities" under Articles 40 and 50 of the Criminal Act. Since the crimes of larceny are concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the "the so-called "the so-called "the so-called "the punishment of imprisonment with prison labor" shall be defined as "the punishment of a fine not exceeding 10 years" and 70 days" under the above Article 9 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

Judges Kim Young-il (Presiding Judge)

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