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A person shall be punished by imprisonment with prison labor for not less than six months and for not more than four months for a crime of No. 2 as stated in the judgment of the defendant.
Reasons
Punishment of the crime
[criminal power] On December 30, 2009, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Seoul Eastern District Court on April 10, 201, which became final and conclusive on April 10, 201, and the execution of the sentence was terminated on November 2, 201.
【Criminal Facts】
1. "2014 Highest 371";
A. On March 2013, at C office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, the Defendant forged securities, stated D’s face value of KRW 28,400,000 on June 20, 2013, and affixed the F’s seal prepared in advance on the back of the promissory note amounting to KRW 28,40,000, which was issued by D, in color.
Accordingly, for the purpose of exercising, the Defendant forged an endorsement in the name of F, a statement on the rights and obligations of promissory notes, which is securities.
B. The Defendant exercised the forged promissory note under the pretext of the payment for the goods, as if it were duly endorsed, to the employees of the business entity, a trader who was unaware of the forgery at the time and place specified in paragraph (1).
2. On April 13, 2009, the Defendant: “Around April 13, 2009, at H office located in Songpa-gu Seoul Metropolitan Government, the Defendant: (a) at H office of the Defendant’s operation of Songpa-gu Seoul, the victim I set aside a promissory note with the face value of KRW 25,000,000 issued by J of the Company; (b) the said note will be settled without the mold on the date of settlement; and (c) even if the bill is not settled, the Defendant would pay the money by July 11, 2009; (d) the Defendant prepared a cash custody certificate to the victim; and (e) made an endorsement in the name of H in the endorser column of the said bill.
However, the issue of whether to pay the above promissory note was unclear, and at the time, the defendant thought that the business fund would have been rapidly prepared due to the aggravation of the financial situation of H, and even if he receives a discount on promissory note from the victim, it shall be repaid.