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(영문) 서울남부지방법원 2015.12.22 2015고단2520

위조유가증권행사

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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. In light of the facts charged, the Defendant, while knowing that the industrial finance bonds (securities number: E; hereinafter “instant bonds”) and forged industrial finance bonds were forged in an irregular manner in around 2003, had 10 copies of the forged industrial finance bonds held, did not appear to raise funds by using the above bonds.

On July 17, 2014, the Defendant told G to the H office operated by G in Gangnam-gu, Seoul, that “I would like to raise funds by using future industrial finance bonds.” As G knew that “I would like to create the funds as industrial finance bonds, I would like to create the funds through the person who will raise the funds as industrial finance bonds. I would like to do so if I would like to do so.” On the 17th day of the same month, the Defendant, at around the 17th day of the same month, found in G office and delivered to G one copy of the claim amounting to KRW 100 million at face value.

Accordingly, the Defendant exercised one copy of the instant claim, which is a forged securities.

2. The Defendant asserted that he lent money to I on March 2013, and received 10 copies of the claim of the Korea Development Bank, including the instant claim, from I and kept them in custody. The Defendant merely carried out real estate business through the introduction by J, and did not know that the instant claim was forged, there was no intention to exercise the forged securities.

3. Among the evidence to be submitted by the prosecutor, the evidence revealed that the defendant was aware that it was forged at the time of exercising the claim of this case was proved by the J investigative agency. However, in light of the evidence submitted and the following circumstances acknowledged by the record, it is difficult to acknowledge that the above evidence alone was aware of the forgery, and there is no other evidence to acknowledge it otherwise.

(1) The Defendant from March 6, 2013 to the same year.

4. By July, 400, a sum of KRW 70 million was lent to I, and approximately one year thereafter.