(영문) 부산지방법원 2014.7.21.선고 2014고합282 판결

Part 1 (F) 1 (No. 1), Part 1 (No. 2), Part 1 (No. 2), Part 1 (No. 2), Part 1,000 won (No. 3), Part 4 (No. 4 (No. 4), Part 1,000 won in cash, and Part 1 (No. 5) in cash, shall be confiscated, respectively.

Reasons

Criminal facts

【Criminal Records】

The Defendant was sentenced to two years of imprisonment with prison labor at the Busan District Court for fraud, etc. on 2012, 11, 9.

2.11. The person for whom the execution of the sentence has been completed;

【Criminal Facts】

In the state that the defendant lacks the ability to discern things or make decisions due to the mental retardation of longitude, the defendant tried to look at the knife the knife of the knife news using the knife reproduction in television news, thereby raising insufficient money by forging the 10,000 won paper and forging it.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

(a) Forgery of currency;

On April 26, 2014, the Defendant forged 10,000 won 10,000 won 10,000 won 10,000 won 10,000 won f.,00 won f.,00 won f.,00 won f.,00 won f.,00 won f.,00 won f.,00 won f.,00 won f.,00 won f.,00 won f.,00 won f.,000 won f.

Accordingly, the Defendant forged Korean currency in transit for the purpose of exercising the above state of mental disability.

B. At around 20:30 on April 26, 2014, the Defendant: around 20:30 on the same day when he was boarding a H taxi operated by the victim G on the front side of the Busan Southern-dong, Busan-dong, Busan-gu D apartment, and the victim demanded KRW 2,800,00 on the 10,000,000, which was forged as stated in paragraph 1(a), paid for the 11,000,000,000 won (Serial F) and exercised at the taxi expense; 2) on April 28, 2014, the Defendant: (a) around 113:00, the Defendant used the 110,000 won to get on the front of the Hannam-gu, Busan-gu, Busan-gu, Busan-do, which was operating the victim at the expense of the 60,000,000 won (the 160,000,000 won).

Accordingly, the Defendant, in the above-mentioned state of mental disability, exercised a forged call twice as described in paragraph 1(a).

2. Fraud;

A. The Defendant, at the time and place stated in paragraph 1-B(1)(b) and at the same time and place as stated in paragraph 1-A(a) by deceiving the victim G of taxi engineer as if it were a genuine currency, and thereby, exempted the victim from paying KRW 7,200 under the name of Scison money and exempted the victim from paying KRW 2,800,00.

B. The Defendant, at the time and place stated in paragraph 1-B(2) and at the same time and place as stated in paragraph 1-B(a) by deceiving the victim of taxi engineer as if he were the genuine currency, and thereby, exempted the victim from paying KRW 3,400 under the name of Scison money and exempted the victim from paying KRW 6,600 under the pretext of Scison money.

Accordingly, the Defendant, in the above state of mental disability, induced victims more than twice and acquired a total of 20,00 won pecuniary benefit.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of G and I;

1. Each protocol of seizure and the list of seizure;

1. A copy of a mental appraisal report;

1. Copies of medical records of prisoners;

1. The photographs of each seized article;

1. A taxi driver's photograph;

1. Boarding photographs of suspect elevators;

1. Before judgment: The references to criminal records, the number of personal records and the current status of confinement for each person, and the application of Acts and subordinate statutes applicable to the previous records and results of confirmation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 207(1) of the Criminal Act (the monetary aid, the choice of limited imprisonment), Article 10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 207(4) of the Criminal Act (the use of forged currency, the choice of limited imprisonment), Article 347(1) of the Criminal Act (the use of fraud and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act / [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Forgery of Currency)]

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Forgery) due to the use of forged currency with respect to G with the largest sentence of punishment, the nature of the crime, and the circumstances]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Confiscation;

Article 48(1)1 and 2 of the Criminal Act grounds for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor from March to September 18.

2. Scope of recommendations;

○ Determinations: Fraudulent Offenses, General Fraud, Type 1 (less than KRW 100 million)

○ Special Convicts

- Aggravations: Cumulative Offense

- Mitigation elements: mentally ill-minded persons (no one shall be responsible);

○ General Convicts

- Mitigation elements: Serious reflect

○ Scope of Recommendations: Imprisonment of six months to one year and six months (the basic territory)

○ Scope of the recommended sentence revised according to the standards for handling multiple crimes: Imprisonment for not less than six months (the lowest limit of the above scope of sentence is based on the following grounds: each violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (factoration of currency) is

Scope of the recommended sentence revised according to the lower limit of the applicable sentences: Imprisonment with prison labor for at least one year and three months: the crime of this case in April 1 year and four months; the defendant forged ten copies of the 10,000 Won Won Won Won Won Won Won by using a local compound device at his own house, and acquired financial gains equivalent to KRW 20,000 won in total from the victims who are taxi engineers after taking a taxi in the above forged paper; the crime of forgery and uttering of fake currency is an act of impairing the distribution order by impairing the safety of monetary transactions and public credibility in the currency; the crime of larceny, occupational embezzlement, and fabrication of public documents; the defendant has already been sentenced to imprisonment with prison labor for at least three times, suspension of execution of execution of execution of one time, and four times of fines, in particular, on December 2012.

11. 9. Busan District Court sentenced two years to imprisonment with prison labor for fabrication of private documents, fraud, etc.

2. In light of the fact that the instant crime was committed during the period of repeated crime after being released, even though the execution of the instant punishment was completed, there is a need for strict punishment corresponding thereto.

However, the Defendant committed each of the instant crimes under the lack of the ability to discern things or make decisions due to mental retardation, and the instant crime of forging the currency is attached in a knife after copying the two sides of 10,000 won blives to a local complex term, and then making the knife the knife. The method is not organized and professional. The forged blives are 10,000 won 10,000 won blives, and the use of the forged blives is not more than 2, and the amount of damage therefrom is not much significant. In the case of the victim G, the victim expressed his intent not to be punished by the Defendant in this court. Considering the favorable circumstances, the Defendant’s age, character and conduct, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the punishment shall be determined as set forth in the text by taking into account various sentencing conditions and the sentencing opinion expressed in the instant pleadings, etc.

jury verdict and sentencing opinion;

1. A verdict of innocence or not guilty (as to each crime in the judgment);

○ "guilty": 9 persons (at least 100 persons);

2. Opinions on sentencing;

○ Imprisonment for a year and six months: Three persons;

○ Imprisonment for a year and three months: Six persons;

For the above reasons, this case is judged as ordered through a participatory trial according to the defendant's wishes.