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(영문) 인천지방법원 부천지원 2016.04.21 2015고단3434

유가증권위조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 12, 2013, the Defendant who forged securities: (a) on the face of the Promissory Notes in the Gangseo-gu Seoul, Yangcheon-gu, Seoul Special Metropolitan City (New Dong-dong), the Defendant stated that the Promissory Notes in the column for the amount of the Promissory Notes in the face-to-face page in the color of the face-to-face page; and (b) “D and Seocheon-si, Seoul Special Metropolitan City E” in the issuer column; and (c) was in custody by the name.

D his seal has been affixed.

Accordingly, for the purpose of exercising the right, the Defendant forged a promissory note in the name of D, which is a security.

2. On September 12, 2013, the Defendant: (a) around September 12, 2013, at the Gangseo-gu Seoul, Yangcheon-gu, Seoul Metropolitan Government Office, 373 Dongnam Building Law Firm, an employee of the FF Company, who is aware of the forgery, issued the forged promissory note as above as a debt security, and exercised it.

3. On September 12, 2013, the Defendant borrowed KRW 40,00,00 from the victim G at the Gangseo-gu Seoul, Yangcheon-gu Seoul Metropolitan Government (Newdong) 373 (New Dong-dong) and offered the Fund as security a forged promissory note to the Fund manager, and as such, the said D belonged to the Defendant’s joint and several liability for the Defendant’s obligation to the victim.

On September 26, 2013, the Defendant received KRW 23,284,210 from the injured party to the head of a foreign exchange bank (H) in the name of the Defendant, and received KRW 16,715,790 in total by means of repaying the Defendant’s obligation to pay the amount of liquor to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to promissory note process certificates, certificates of deposit transaction records, deposit certificates, and letter of apologys;

1. Article 214(1) of the Criminal Act applicable to the facts constituting an offense, Article 214(1) of the Criminal Act (the fact of Article 214 of the Criminal Act), Articles 217, 214(1) (the fact of exercising forged securities) of the Criminal Act, Article 347(1) of the Criminal Act (the fact of fraud, the selection of punishment by imprisonment, and the selection of punishment);

2. Aggravation of concurrent crimes.