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(영문) 대구지방법원 2021.02.05 2020고단2438
유가증권위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1996, the Defendant forged securities: (a) on November 5, 1996, on the first endorsement column of the Promissory Notes (H) with the face value of KRW 49,500,000,000 in the face value, issued by E (State) representative director F at the D office in the C Factory located in the G-Gun B located in the G-Gun, Chungcheongnam-gun; and (b) on November 5, 1996, the Defendant affixed an rubber seal stating DI’s “DI”; and (c) marked I’s seal.

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

2. On July 30, 1996, the Defendant: (a) requested a discount of a bill to a person who may know of the forgery at the same location as the victim’s corporate bank instead of Daegu Jung-gu, Daegu-gu, and instead, (b) delivered as if the above had been made a genuine statement; and (c) received the amount of the false discount as a discount.

In this respect, the defendant exercised forged valuable securities, and by deceiving the victim, received property from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A statement made by the police against the accused regarding I a protocol concerning the interrogation of the suspect;

1. A complaint, or a copy of forged bill;

1. Determination as to the assertion by the Defendant and the defense counsel for each investigation report

1. Although the Defendant, on behalf of an enterprise bank, issued the Promissory Notes in this case to the same branch, and received discount payments, there is no forgery of endorsement in I’s name.

Therefore, the exercise of securities and fraud are not established based on the premise of this.

2. In light of the following circumstances, it is recognized that the Defendant forged an endorsement under the name of the I in the bill of this case, as stated in the facts charged, in light of the comprehensive evidence adopted and examined by the Court.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

The aggrieved person shall be deemed to be an investigative agency.

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