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(영문) 인천지방법원 2017.05.10 2016고단7252

유가증권위조등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 2015, the Defendant was in possession of the issuer “C”, “E”, “E”, “date of issuance and amount column for the purpose of securing the claim 15 million won against the Plaintiff from the land owner, and the Defendant was in possession of the check of the current account of the Bank in the blank. As the victim FF farming association representative G demanded the payment of the existing debt (120 million won) on the check, the Defendant voluntarily stated the amount on the check and delivered it to the victim for the repayment of the obligation.

1. On September 20, 2015, the Defendant, at the FF farming association office located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, issued a false certificate under the name of “D” by stating that it exceeds his/her right to supplement the blank check amount, and thereby forging the certificate, and issuing it to G who is unaware of the fact.

2. The Defendant attempted to commit fraud, at the same time and place as that set forth in paragraph 1, issued a forged check to the victim G while having to repay obligations to the victim G, and made a false statement to the effect that “A check which does not have any day of default is safe,” as described in paragraph 1.

However, in fact, the above check is a forged check in which the defendant stated the amount in mind, and the defendant did not have any intention or ability to repay the obligation to the victim.

As above, the Defendant: (a) by deceiving the victim; (b) attempted to exempt the victim from the obligation equivalent to KRW 80 million; (c) but the victim was not definitely exempted from the obligation; and (d) the said check was not paid as a disposition of suspension of transaction and was subsequently attempted.

Summary of Evidence

1. Each legal statement made by the defendant on the three occasions (the fact that the oil is forged or falsified and the fact that the securities are counterfeited) and on the fourth (the fact that the oil is partially forged or falsified) on the public trial date;

1. Statement by the police in relation to C and G;

1. The complainant and copies of the current account check attached thereto and reference materials;

1. An investigation report (as the representative of the issuing company of the check I, as the second president) and attached thereto.