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(영문) 인천지방법원 2014.01.16 2012고단10587
사기등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(2012 Highest 11877)

1. Around March 20, 2011, the Defendant forged securities: (a) on July 29, 2011, at the office D office located in Busan City, the date of the payment of the issuance of YY Co., Ltd.; (b) on July 29, 201; and (c) on the back of a promissory note with the face value of KRW 70,000,000,000 in face value, which is the seat of the National Agricultural Cooperative Federation of the place of payment, the Defendant stamped the rubber seal stating “E, F (ju), G, Seo-gu, Incheon, the third floor of the third floor; and (c) the general civil construction works of the construction industry; and (d) affixed the seal affixed to F

Accordingly, for the purpose of exercising, the Defendant forged endorsement in the name of F Co., Ltd., a statement on the rights and obligations of promissory notes, which is securities.

2. Around March 23, 2011, the Defendant: (a) at the office D Co., Ltd., the said D Co., Ltd., the Defendant, through I, delivered the unpaid ready-mixed price and its interest, which is not known of the forgery, to the J, Yangsan Co., Ltd., an employee of the said D Co., Ltd.; and (b) exercised a promissory note with forged endorsement as if it was duly prepared.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness I, K, L, M, N, andO;

1. A protocol of examination of the suspect by the prosecution and the police concerning each of the defendants (including J and I statements);

1. Statement made by the prosecution concerning the N;

1. Statement of the police statement concerning theO;

1. A complaint;

1. Application of Acts and subordinate statutes to a power of attorney, a certified copy of name cards, a copy of performance note, a copy of each promissory note, a certified copy of each certified copy of register,

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Articles 214 (2) and (1) and 217 of the Criminal Act (Selection of Imprisonment with prison labor);

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

1. Suspension of execution: Article 62 (1) of the Criminal Act that there is no criminal record for the defendant having the same kind of offense and heavy damage, and that it is difficult for the defendant to regard the degree of damage as serious, and that the defendant has obtained permission from the above F, in another type of transaction relationship;

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