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(영문) 창원지방법원 2017.05.24 2016고단3141

유가증권위조등

Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the sentence against the above defendant for a period of two years from the date of this decision.

Reasons

On May 27, 2015, Defendant A was sentenced to imprisonment with prison labor and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Busan High Court on May 27, 2015, and the judgment became final and conclusive on October 29, 2015.

On October 23, 2014, the Defendant appeared and testified at the Changwon District Court as a witness of the above court 2014 High 110 High Gohap 110 (Defendant E) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (in fact, number of bills: G and H) in fact, two copies of promissory notes issued by F Co., Ltd. issued by E were in blank, but the amount was in blank. However, the prosecutor’s question, “I would like to have no one at the time of receiving the amount of the bill at the time, and one is the same as the amount of the bill.”

“A false statement contrary to memory” was presented and perjuryd.

Summary of Evidence (Defendant A)

1. Partial statement of a witness I;

1. Copy of the protocol concerning the examination of suspect to the prosecution of some defendants;

1. A Protocol of examination of witness;

1. Previous convictions in judgment: Application of Acts and subordinate statutes (the confirmation date of a separate judgment against a suspect A and the binding thereof) of a written reply to inquiry, such as criminal history, etc. (the second sentence 643 evidence records 184 pages), investigation report (the confirmation date of a separate judgment against a suspect A and the binding of the judgment);

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. The reason for sentencing under Article 62(1) of the Criminal Act (Defendant A) of the suspended sentence (the grounds for sentencing under Article 62(1) of the Criminal Act), together with various conditions of sentencing as shown in the Supreme Court’s sentencing guidelines, including the following: (a) the means and consequence of the crime; (b) the circumstances after the crime; (c) the Defendant’s age; and (d) the Defendant’s sexual conduct; (d) intelligence and environment; and (e) the health status; and (e)

The non-guilty part (the Defendants)

1. Facts charged [2016 Highest 3141]

A. Defendant A.