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(영문) 수원지방법원 2014.02.06 2013노2631
유가증권위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

【Judgment on Grounds for Appeal】

1. The court below's punishment (one year of imprisonment, two years of suspended execution, and two hundred hours of community service order) against the defendant in summary of the grounds for appeal is excessively unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal for ex officio, and the prosecutor applied for changes in the indictment with the content that the part concerning the fabrication of securities in the facts charged (the grounds for the judgment to be rejected) as stated in paragraph (1) of the same Article was modified as stated in paragraph (1) of the same Article. Since this court permitted this, the judgment of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.

[Grounds for the judgment to be dismissed] The crime history

1. On June 27, 2012, the Defendant counterfeited securities: (a) at the office of D Co., Ltd. (D) operated in Ocheon-gu, Ocheon-gu, Ocheon-si; (b) the date of issuance, payment date, and amount of the Promissory Notes is blank; (c) the issuer’s column entered “D representative director C” in the issuer’s column; and (d) the issuance of one promissory Notes (bill No. E) in the name of D Co., Ltd. with seal affixed by D Co., Ltd.; and (c) obtained from C the right to supplement up to KRW 30 million with respect to the

Then, around June 27, 2012, the Defendant arbitrarily stated the “50 million won, 500,000,000 won in the column of the bill amount of the said promissory note in the third floor M office of LA in Gangnam-gu Seoul, Seoul.” At that time, the Defendant deleted it by putting the number of lines out and affixing the issuer’s corporate seal impression on the part above with the consent of the issuer.

However, on June 29, 2012, the Defendant issued the said Promissory Notes in G offices, which are located in the CF of the Gangwon Yangyang-gun.

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