beta
(영문) 수원지방법원 2014.12.17 2014고단4038

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud at the Suwon District Court, and 2 years of suspended execution, which became final and conclusive on December 8 of the same year.

1. The Defendant, on April 201, counterfeited securities, shall be the issuer E, the D Company E, the amount of 17,820,000 won, bill number F, and the date of issuance of the bill number 201, from the person who was not aware of his name in the Suwon-si.

4.5.Written Promissory Notes have been purchased at the rate of KRW 1.7 million.

Afterward, the Defendant stamped the rubber stamp in the name of H operated by G, H, I, and J in Gyeonggi-do, in the first endorsement column on the back of the said bill at a place where his business is unknown.

Accordingly, for the purpose of exercising, the Defendant forged an endorsement under H name, which is a description of the rights and obligations of promissory notes, which are securities.

2. Around May 2011, the Defendant exercised a promissory note with forged endorsement, i.e., forged promissory note, issued to the victim, as if he were genuine, at the office of M Co., Ltd. operated by the victim L in Yong-gu, Seocheon-gu, Seocheon-gu, Incheon., the Defendant, who was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, N, or L;

1. Photographs of promissory notes;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

1. Article 214 (2) and (1) of the Criminal Act; Articles 217 and 214 (2) of the Criminal Act concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act, including the fact that a person commits a mistake

1. Article 62-2 (1) of the Criminal Act regarding community service order;