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(영문) 서울북부지방법원 2014.12.19 2014고단1446

유가증권위조등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On March 22, 2012, the Defendant violated the Framework Act on the Construction Industry: (a) at the office of the C Company (Representative K) located in the Jung-gu Seoul Metropolitan Government, and (b) via L, to B, the actual operator of the C Company via L, requested that the C Company be given a delivery of a construction business license so that the C Company may be supplied with soil shield and civil engineering works during the construction of the new construction of the two East East East East East East East-dong Complex; and (c) at the N Office located in Dongdaemun-gu Seoul Metropolitan Government (N Office) around March 22, 2012, the Defendant agreed to grant a five percent of the construction price in return for the payment. On March 22, 2012, the Defendant performed construction works using the name of the C Company in the name of the constructor.

B. Around July 18, 2012, the Defendant forged securities: (a) around September 27, 2012, the date of payment issued by N (State) representative director, and (b) on September 27, 2012; (c) one promissory note number of KRW 20,000,000, face value and one promissory note number of KRW 70,000, face value, Q, and one promissory note number of KRW 70,000,00, each back end of each column of endorsement, the Defendant signed and sealed the rubber name “RC Company K, the Seoul Central-gu J4, and the engineering work outside construction work” and affixed the seal on the name of K.

As a result, the Defendant forged an endorsement in the name of K, which is a statement on the rights and obligations of promissory notes, which are securities.

C. The Defendant, at the same time, at the same time and place as the preceding paragraph, requested S who knew of the above forgery to discount a bill, issued two promissory notes which forged endorsement as if they were actually prepared.

2. Defendant B is a person who actually operates the said C Company established for the purpose of civil engineering work, etc., and the Defendant is granted a construction business license in the office of the said C Company on March 1, 2012, with a view to receiving a supply of soil and civil engineering work from the said C Company’s office at the early February 2012.