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(영문) 서울남부지방법원 2016.01.29 2015고단4253

위조유가증권행사

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around January 2013, the Defendant purchased industrial finance bonds issued by the Korea Development Bank [the par value: KRW 152,080,000 per annum, KRW 300,000 per annum, KRW 1270,000 per annum, KRW 30,000 per annum, KRW 910,00 per annum: October 03, 1998; date of issuance: October 26, 1998; date of redemption: October 26, 2001; interest rate: KRW 14.20 per annum: KRW 99,20,00 per annum; maturity: KRW 152,080,00; and issuer: the Governor of the Korea Development Bank] KRW 12,700; and KRW 3,000,000 per annum, KRW 2705,00 per annum; and even after purchasing the above business bonds, the Defendant purchased the above business bonds at around 2015 E.

On January 2015, the Defendant issued 1,00 copies of the forged industrial finance bonds to F, as if they were issued genuinely, at the street before the entrance of 8 to 9 times the calendar party located in Dongjak-gu Seoul Metropolitan Government Salydong, and exercised the same.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to the police interrogation protocol to the accused;

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

1. For the reasons for sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act, the instant fake securities used by the Defendant are financial bonds in the name of the Korea Development Bank, which are traded with high credibility and credibility in the securities distribution market. Although the date of redemption stated in the face of the right has already expired and it is low that the securities themselves may be used as a means of actual transaction object or payment, it is likely that it may be used as a means of other crimes, such as fraud, because it can be used as a means of deception, etc. by presenting it for the purpose of emphasizing financial power to others, and thus, it is necessary to punish the act of voice transfer.

Furthermore, the defendant provided the means of committing the instant crime.