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(영문) 대전지방법원 2017.05.10 2017고단742

유가증권변조등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 22, 2016, the Defendant changed securities: (a) the issuer, E, and the date of issuance issued by D in the Cpoter truck vehicle operated by the Defendant, parked on the road near Sung-dong-dong, Daejeon-dong, Daejeon, on August 27, 2015; (b) July 4, 2016; (c) the payment date on July 4, 2016; and (d) the payment date of the Promissory Notes F, Inc., the place of payment, without authority, entered “1/29,” stating “11/29, 2016.”

Accordingly, the defendant altered one copy of valuable securities for the purpose of exercising the right.

2. On November 25, 2016, the Defendant, at the time of the alteration, borrowed KRW 18.4 million from I in the “H” office operated by the Defendant in Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, and delivered a promissory note altered as described in paragraph 1 as if it were genuinely concluded.

Accordingly, the defendant exercised one copy of the altered securities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. Application of the modified Acts and subordinate statutes of photographic paper;

1. Article 214(1) (the alteration of securities), Article 217, and Article 214(1) (the exercise of securities by the changed reason) of the Criminal Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the confession and reflectment of the defendant, and the circumstances, etc. of the crime in this case);