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(영문) 서울중앙지방법원 2020.11.12 2020고단6178
유가증권위조등
Text

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

except that 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

The defendant is a person who engages in construction business.

1. Forgery of securities;

A. On August 26, 2014, the Defendant indicated “E” in the column of endorsement No. 2 of the Promissory Notes No. 40 million won in the face value, which is the erode point of D Bank No. 200,000, the date of payment of B’s issuance at the trade in French-dong, Gwanak-gu, Seoul Special Metropolitan City, on September 26, 2014.

Accordingly, with the aim of exercising authority, the Defendant forged a description on the rights and obligations of securities without authority.

B. On September 6, 2014, at the same place, the Defendant stated “E” in the column of endorsement No. 2 of the Promissory Notes No. 40 million won, which is the Bank of Korea, at the same time and on March 29, 2015, the due date for the issuance of G issuance by the FF representative director of the Company, and marked “E” on the face value No. 2 of the Bank of Korea.

Accordingly, with the aim of exercising authority, the Defendant forged a description on the rights and obligations of securities without authority.

2. The Defendant: (a) delivered, at each time, and at each place mentioned in the preceding paragraph, each of the promissory notes forged by endorsement to H as if they were genuinely written to H.

3. The Defendant, at each date, time, and place specified in Paragraph 1, issued to the victim H a promissory note with a face value of KRW 40,000,000, which is counterfeited as above, and asked to change the discount of the promissory note, and the Defendant, at each time and place, obtained KRW 36,40,000,000 from the victim for the discount of the respective amount of the

Summary of Evidence

1. Application of the police's written statement to H of the defendant's legal statement, each promissory note, each written confirmation of default on the payment of taxes, and each copy of the investigation report (Reference E and currency); and

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 214(2) and (1) of the Criminal Act (the point of reference to securities), Articles 217 and 214(2) of the Criminal Act, and Article 347(1) of the Criminal Act concerning fraud;

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