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(영문) 서울남부지방법원 2016.04.01 2015고단4767
유가증권위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 May 1, 2015, the Defendant is guilty of a blank bill issued in the name of a corporation in return for a payment of three million won in cash by communicating the advertisement “bill discount” recorded in the daily information page and communicating the names of the needy and making a payment in cash. On May 7, 2015, the Defendant was issued a promissory note number D, issuer E representative director F, and the payment place of the Bank of Korea as the branch office of the Bank of Korea, and the issuance date and payment date were issued in blank.

On the same day, the Defendant continued to enter the amount column of the said promissory note in the payment column of the said promissory note without being delegated with any right to fill any blank from the said Co., Ltd. at the coffee shop in Jongno-gu Funeraldong, respectively, in the color pen, the Defendant stated the amount of the said promissory note in the column of the payment column, the issue date of the said note in the column of May 7, 2015, and the payment date column in the column of August 5, 2015.

Accordingly, for the purpose of exercising authority, the Defendant forged a promissory note in the name of the above E, which is a security.

2. On May 8, 2015, the Defendant: (a) sent to H, without knowledge of the fact that a promissory note in the name of the said E was forged at the G office located in Jincheon-gun, Jincheon-gun; (b) as such, one promissory note, which is a forged valuable security, was presented as the price for civil works as if it was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. A complaint filed by the F;

1. Promissory notes (D);

1. A criminal investigation report (Submission of data on the victim F) and a criminal investigation report ( telephone conversations with a corporate bank);

1. Recording recording (A and J users telephone communications);

1. To apply a record (I, A telephone communications) (applicable to statutes;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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