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(영문) 부산고등법원 2017.11.22 2017노283
위조통화취득등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 1 through 3, 6 through 11.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment, confiscation) is too unreasonable.

2. As to the facts charged for the acquisition of counterfeit currency which the court below found guilty in the trial of the party, the court below applied the name of the crime to "factoration of currency", Article 207 (1) of the Criminal Act to "Article 207 (1) of the Criminal Act", and the facts charged to the court below to be changed to the following facts charged as "Article 1-A of the Criminal Act", and it was changed to the subject of the judgment by granting permission.

In addition, since the revised facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced within the scope of punishment aggravated for concurrent crimes.

In this respect, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following judgment is reversed, without examining the defendant's grounds for appeal, on the grounds that the judgment of the court below is reversed ex officio.

[Grounds for the judgment to be used again] Criminal facts / [criminal records] The defendant was sentenced to six months of imprisonment by the Busan District Court on July 7, 2016 and completed the execution of the sentence in the port prison on October 5, 2016.

[Criminal facts]

1. Single-criminal conduct;

A. The Defendant forged the Bank of Korea’s 50,00 original notes using a local reproduction machine, and thought to raise a living cost by purchasing forged 50,000 won notes and receiving money.

On January 29, 2017, the Defendant produced 50,000 won lap paper 16,000 won lap paper by reproducing lap paper 54,000 paper using a local photopic reproduction machine, and then reproducing and reproducing a reproduced part.

The defendant is entitled to exercise.

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