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(영문) 서울중앙지방법원 2017.09.21 2017고단5639

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 5, 201, the Defendant forged securities: (a) on the second page of the promissory note amounting to KRW 40 million at the face value of KRW 40 million issued by C Co., Ltd. at the office of C Co., Ltd. located in Seocho-gu Seoul Metropolitan Government Btel 1310; (b) on the date of payment issued by D Co., Ltd. at the office of C Co., Ltd. located in the place of payment (C Co., Ltd.); and (c) on the second page of the promissory note amounting to KRW 10,000,000 in face value, the Defendant stated “Btel E” and affixed F’s seal

Accordingly, for the purpose of exercising, the Defendant forged an endorsement under F, a statement on the rights and obligations of promissory notes, which is valuable securities.

2. On September 9, 2011, the Defendant exercised securities option by delivering to the representative director I of the said company who knew of the forgery under paragraph (1) at the office of Seocheon-gu Seoul Special Metropolitan City G Building 201 H Co., Ltd., the Defendant: (a) as if he were actually prepared a promissory note forginging the endorsement as a material cost for the construction work; and (b) exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as a copy of a promissory note and a written judgment (2015 Ghana Branch Court of Incheon District Court 3831);

1. Article 214 (2) of the Criminal Act and Article 217 of the Criminal Act concerning the facts constituting an offense (the point of exercising the endorsement of promissory notes) of the relevant Act (the point of exercising the endorsement of promissory notes belonging to the relevant agreement);

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 suspended execution;

1. The scope of recommendation [type determination] on the grounds of sentencing guidelines under Article 62-2 of the Social Service Order Criminal Act, and the scope of punishment [the scope of recommendation] on the grounds of sentencing guidelines under Article 62-2 of the same Act, and the scope of punishment [the scope of punishment] [the crime of violating the Control of Illegal Check Act, such as forgery, alteration, and use of a valuable security] [the special sentencing person] - where punishment for mitigation factors (including a serious effort for recovery of damage) or considerable damage has been restored [the general sentencing person] - where a person who makes alteration, etc. on the grounds of the above and altered factors exercises the right of proof [the scope of recommendation] where he/she exercises the right of proof [the scope of recommendation] [the scope of punishment]] from January to one year.