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(영문) 대구지방법원 2014.02.13 2013고단4579
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

1. Forgery of securities;

A. On November 14, 2004, the Defendant stated “GC front, the amount of 200,000,000, daily gold” as “one hundred million won,” “Date of payment,” “Date of Issuance,” “H on November 14, 2004,” and affixed a seal of H’s name attached in advance to H’s name. For the purpose of exercising its right, the Defendant forged a promissory note under the name of H, which was a securities, with the date and time, at a place, “250,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,00 won.”

Accordingly, for the purpose of exercising the right, the Defendant forged a promissory note in H’s name.

2. The Defendant at the time, time, and place as referred to in Paragraph 1, exercised each of the above forged promissory notes as if they were actually issued as a debt security title, to G who is aware of the forgery.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement related to G and H;

1. Copies of each promissory note;

1. Application of the legislation of a copy of a letter of payment;

1. Article 214 (1) of the Criminal Act (the fact of each Article of securities) and Articles 217 and 214 (1) of the Criminal Act concerning the facts constituting the crime (the fact of exercising forged securities);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the sum of face value of a promissory note forged by the Defendant is a considerable amount of KRW 450 million, and the crime of this case thereafter.

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