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(영문) 부산지방법원 2016.12.21 2016고단4857
유가증권위조등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is the adviser of (State) D in Busan Dongdong-gu, and Defendant B is the vice president E of the above state, who is the legal spouse of the vice president E of the above state, and is a person acting for the above company in lieu of E.

( state)D is the start-up construction works of Gyeongcheon-si F, Gyeongcheon-si, and the complainant is the representative of H, the executing company of the Haak-si.

On September 2015, the Defendants, at the (State) D office located in the Busan East-gu Busan metropolitan area, expressed that the Defendants would forge the endorsement of the complainant who requested the endorsement of the contractor, while paying the construction cost in lieu of the bill with the bill to the I Co., Ltd.

Accordingly, on September 22, 2015, Defendant J stated in the second column of the promissory note in the face value of KRW 52,000,000 in face value, which was issued by K’s representative director L on March 15, 2016 at the above office around September 2, 2015, Defendant J stated that “M, F, Gyeong-nam, Gyeong-si N, and G,” which was newly stored in the “M, F, Gyeong-si, Gyeong-si, and G,” and then affixed the G seal affixed in its name and used it as if it was duly prepared with a forged promissory note under the name of payment, and then delivered it to the O of the I Co., Ltd. as seen above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Suspect interrogation protocol for the Defendants (including P and G statements)

1. Police suspect interrogation protocol of P;

1. The police statement concerning G;

1. A complaint;

1. Application of statutes on copies of promissory notes;

1. Articles 214 (1) and 30 of the Criminal Act applicable to the facts constituting an offense, Articles 214 (1) and 217, 214 (1) and 30 of the Criminal Act;

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

1. Suspension of execution (the defendants) 1. Article 62(1) of each Criminal Code (The following factors are considered as favorable to the reasons for sentencing).

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