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(영문) 수원지방법원 성남지원 2019.02.15 2018고단2430

유가증권위조등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2009, the Defendant counterfeited securities: (a) at C Office located in Gwangju-si, Gwangju-si; (b) at par 13,620,000 won without authority for the purpose of exercising; (c) on August 23, 2009, the date of issuance; and (d) on August 23, 2009, the issuer D representative E, the Defendant stated that GH was “GH” in the form of endorsement without authority for endorsement; and (d) marked G’s name cards and seals held above.

Accordingly, for the purpose of exercising rights, the Defendant forged G name’s endorsement, which is a statement on the rights and obligations of the per share sheet.

2. At the C office located in Gwangju-si, Gwangju-si, the Defendant: (a) delivered the forged number of shares to the employees under the name of the above lending company (one-person I-person) who did not know of the forgery; and (b) exercised it as if they actually endorsed the forged number of shares.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 214 (2) and (1) and Article 217 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., reflective facts and extenuating circumstances);