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(영문) 서울남부지방법원 2017.05.18 2016고단4087
위조유가증권행사
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2010, the Defendant exercised one check (10,000,000, d, 000, 000, 000, 000, 000, 28 July 28, 2004) and one check (30,000,000, 30,000, e, 000, 000, 000, 09, 009, 09, 299, 000) in front of the issuance of the National Federation of the Agricultural Cooperatives, as if it was duly formed by the Defendant’s new distribution in Seocho-gu Seoul, Seocho-gu, Seoul, 194.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer with respect to F;

1. Investigation report (to listen to the statement by the complainants G phone), investigation report (to reply to the request for confirmation as to the forgery of one's own check);

1. Application of the Acts and subordinate statutes to each forged self-check;

1. Articles 217 and 214 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The crime of this case’s sentencing on Article 48(1)2 and (3) of the Scrapping Criminal Code is an unfavorable circumstance where: (a) the Defendant’s act of delivering a forged check, which was committed by having a considerable economic damage to F while making efforts to recover it; and (b) the Defendant’s act of not only memory the process of acquiring the check in his front of the forged check as indicated in the judgment, without any explanation, appears to have a high probability for the purpose of concealing other crimes.

However, the circumstances are favorable to the defendant, such as the fact that the defendant has no criminal record, that the defendant paid 15 million won to F and paid 23 million won interest on the loan, that the defendant recognized and led to the confession of the crime, and that the defendant agreed with F.

Article 51 of the Criminal Act, such as the defendant's age, criminal history, family environment, etc.

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