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(영문) 서울서부지방법원 2013.03.28 2012고단2066

유가증권변조등

Text

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

The alteration portion of a promissory note seized shall be discarded in one copy (No. 1).

Reasons

Punishment of the crime

The Defendant, by directly lending money to the victim D, altered and exercised a promissory note in the name of the victim on the pretext of being issued and possessed by him as a collateral, filed a lawsuit claiming the amount of promissory note, deceiving the court to win the lawsuit, and was sentenced to winning the judgment. In addition, the Defendant was willing to raise a false accusation against the Defendant due to alteration of securities, etc.

1. Around January 12, 2010, the Defendant lent 2 million won (including advance interest of 200,000 won) and 7 million won (including advance interest of 300,000 won) to the victim on January 16, 2010, and around January 16, 2010, the Defendant received a promissory note (including advance interest of 200,000 won) from the victim on the face value “A” in the face value column, “8,00,000” in the face value column, “8,00,000” in the face value column, and “D and E3 floors” in the issuer’s name and address column, and obtained a promissory note issued with D’s seal imprint affixed thereon (hereinafter “instant promissory note”) from the victim on the face of D.

As a result, when the victim could not receive a promissory note with a face value of eight million won from the victim, the victim's excessive alteration of the face value of the promissory note with a face value of eight million won shall be brought to the application for provisional attachment of real estate in the Eunpyeong-gu Seoul Metropolitan Government F. 155 square meters, G Multi-Family House 6 or less, which is owned by the victim, for the provisional attachment of real estate;

A. On May 2010, the Defendant changed securities without authority at a place in which the victim was not a policeman, and without authority, voluntarily stated “one million won” and “18,000,000,000” in the column of “one million won” in Korean and “one million,000,000” in the column of the face value of the amount in the face of eight million won, using a black-shaped promissory note issued by the victim.

Accordingly, the Defendant modified a bill of promissory note in the name of securities D for the purpose of exercising its rights.

B. The Defendant of the altered securities event is located in Mapo-gu Seoul Metropolitan Government H on May 2010.