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(영문) 서울동부지방법원 2013.10.29 2013고단2189

변조유가증권행사

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Majority Power] On May 30, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Eastern District Court on May 30, 2007; on April 17, 2008, the execution of the sentence was completed in the Ansan Prison on April 17, 2008; on June 14, 2012, the Seoul East East East District Court sentenced the Defendant to imprisonment with prison labor for a violation of the Illegal Check Control Act; and on November 23, 2012, the judgment became final and conclusive.

【Criminal Facts】

On September 8, 2008, the Defendant issued to CV a promissory note amounting to KRW 30 million at the face value of 30 million on October 15, 2008, when requesting a bill discount to the above CV, at CWE operated by CV located on the 1st floor of the Seongdong-gu CU building in Gyeyang-gu, Seoyang-gu.

However, the above Promissory Notes No. CX had been issued on November 15, 2008 at the original due date and at the par value of KRW 10 million. However, it was well known that the Defendant had altered the above Promissory Notes No. CX and the face value items without permission.

Nevertheless, the Defendant issued a promissory note, which is the securities altered, to CV and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of the police against DA;

1. Each police statement concerning DB, E, CY, and CV;

1. A copy of each investigation report, memorandum of agreement, each copy of each promissory note, a copy of each bill, and each business registration certificate;

1. Previous records of judgment: Criminal records, each investigation report (a copy of the judgment attached thereto, confirmation of the expiration date of the term of punishment, etc.), and the application of each written judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. It is so decided as per Disposition on the grounds of the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes;