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A defendant shall be punished by imprisonment for not less than eight 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
On June 2014, the defendant tried to operate his business under the name of the defendant, but it was impossible to do business due to the credit problems of the defendant, and the defendant stated that he will use his business registration only for his former wife C, and received and kept his seal imprint from C.
1.(a)
On June 27, 2014, the Defendant, at the notary office E office located in Seongbuk-gu, Sungnam-gu, Sungnam-si, without authority, made an agreement to the effect that “A Co., Ltd. G borrows money from F on June 27, 2014 to borrow KRW 150 million from F on the loan of KRW 100 million from F on June 27, 2014, and C is a joint and several surety therefor,” and prepared a copy of the agreement in the name of C stating “A: C” and forged a copy of the agreement in the name of C, a private document concerning the rights and obligations.
B. The Defendant, without authority for the purpose of exercising rights at the above date, location, and without authority, stated in the face amount column, “this billion won”, “the issue date column”, “State G Representative C”, and “C” in the issuer’s name column No. 1, and “C” in the issuer’s name column No. 2, and forged one promissory note in the name of each of C, which is securities.
2. The Defendant issued a forged agreement and a promissory note to F without knowledge of the circumstances at the above date, time, place, and exercised it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of written agreements and notarial Acts and subordinate statutes;
1. Article 231 of the Criminal Act applicable to the facts constituting an offense, Articles 234 and 231 of the Criminal Act, Article 214 (1) of the Criminal Act, Articles 217 and 214 (1) of the Criminal Act, and Articles 214 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor for the crime of forging private documents which choose a punishment;
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 against the law such as two times the suspended sentence.