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(영문) 서울동부지방법원 2014.06.12 2014고단1041
유가증권변조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 2013, the Defendant received a bill number “C”, “C”, “one thousand won at face value”, “date of payment,” and “D representative director B” as a collateral for borrowed money from B, and kept until January 23, 2014, the Defendant was willing to confirm the fact that the payment of a promissory note is not payable upon the lapse of six months from the due date of payment of the promissory note on the Internet, and to suggest payment to banks by revising the due date of the said note to “ January 24, 2014.”

1. Around January 23, 2014, the Defendant changed securities: (a) at the Defendant’s house located in Gwangju-si, Gyeonggi-do, E, 512 Dong 1105, the part of the “. 13. 2013. 13” in the column for the payment date of the said Promissory Notes was removed, and then written as “the date of January 24, 2014,” using a tamp-shaped pen.

As a result, the Defendant altered one copy of a promissory note, which is a securities, for the purpose of exercising.

2. Around January 23, 2014, the Defendant: (a) requested payment of the amount of the Promissory Notes to the staff in charge of the said bank at the Guro-gu Seoul Metropolitan Government office located in the error Dong-dong; (b) exercised the altered promissory Notes as if they were duly constituted as if they were duly constituted.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the original photograph of promissory note, altered copies thereof;

1. Relevant legal provisions concerning facts constituting an offense: Alteration of securities under Article 214 (1) of the Criminal Act: Articles 217 and 214 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is led to confession and reflects the sentencing, there is no record of being punished or a fine exceeding the same kind of crime, the risk of the crime in this case is not specifically realized, and the age, character and conduct, occupation, intelligence and environment of the defendant.

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