2017Mono 229 Violation of the Control of Illegal Check Control Act, use of forged securities

A

Emotion picture (prosecution) and Kim Dae-dae (Trial)

Attorney B

April 18, 2017

Defendant shall be punished by imprisonment with prison labor for a year and fine of 20,000,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

However, the execution of the above imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

Seized '10 million won prior to the issuance of the National Bank at the Call Center at the Ulsan Metropolitan City, Ulsan Metropolitan City, 'C' 10 (No. 10), 'D' 10 (No. 20 million won) prior to the issuance of the National Bank, 'D' 'D' 10 (No. 2), 'E' prior to the issuance of the 50 million won Industrial Enterprise Financial Branch at the Ulsan Metropolitan City, 'E (No. 3) 'E (No. 4)', and liveags 1 (No. 4) shall be confiscated.

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

Criminal facts

1. Violation of the Control of Illegal Check Control Act;

any person shall not be required to forge or alter a check. Nevertheless:

A. At around 16:30 on August 18, 2016, the Defendant forged the above 50 million won cashier’s check on the back of the A4 page of the said original check and then forged the above 50 million won total of 100 million won per face value of the check in front of the check number for the issuance of the check number at Samnam Bank of Ulsan-do, Busan, the Bank of Busan, the Bank of Korea, the Bank of Busan, the Bank of Korea, the Bank of Korea issued the check number of 50 million won in front of the check number, with the title of 50 million won as a person who was in front of the A4 page, and then made the front part of the check on the back of the A4 page of the said original check.

B. On August 19, 2016, at around 16:30 on August 19, 2016, the Defendant forged a check number of KRW 10,000,000,000,000 in front of the check number at C at the Dogsan National Bank, Dong-dong Financial Center of Ulsan National Bank, and KRW 20,000,000,000,000,000 in front of the check number at the Bank of Ulsan National Bank, using the above kylgrapher, etc., and forged a check check of KRW 10,00,00 in total, KRW 10,00,00 in total, and KRW 10,00.

2. Counterfeitd securities events;

On August 19, 2016, the Defendant, at around 19:00, presented and presented to several I the head of Ulsan-gu H building 303, Ulsan-gu H building 10 million won check, which was forged, as described in paragraph 1(b), with a view to exercising it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against J;

1. Each police statement made to K, L, M, N, and I;

1. Photographs (30 copies of counterfeited cashier's checks), replies, molds made of 0,000 won paper, forged 0,000 won paper, details of bank transactions, and copies thereof (50 million won cashier's checks);

1. An investigation report (with regard to the circumstances of obtaining intelligence);

Application of Statutes

1. Article applicable to criminal facts;

Article 5 of the Control of Illegal Check Control Act: The exercise of each falsified Check: Articles 217 and 214(1) of each Criminal Code

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2 and 3, Article 50, and the proviso of Article 42 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 48(1)1 (No. 4), 2 (No. 1 through 3) of the Criminal Act

1. Order of provisional payment;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act: Imprisonment for a year to 45 years, and a fine of KRW 50,000 from 750,000 to 2. Determination of sentence

Although the Defendant appears to have not distributed forged checks, in consideration of the fact that the face value of forged checks exceeds KRW 50 million, KRW 20 million, KRW 10 million, and KRW 30,000, in total, the forged amount also exceeds 30, and the Defendant’s act causes serious danger to public credibility and transaction safety in the authenticity of checks, and in fact, during the storage of forged checks, the theft and theft were likely to lead to a larger crime, and the punishment as set forth in the disposition shall be determined.

Judge semi-Decree