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(영문) 수원지방법원 성남지원 2013.05.31 2013고단770
유가증권위조등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. The Defendant: (a) around June 27, 2012, at the office of the D Co., Ltd., Ltd., located in Yongsan-gu, Yongsan-gu, Busan; (b) stated C the date of issuance, payment date, and amount in blank; (c) stated C as “D representative director C” in the issuer column; and (d) delivered one promissory note number E in the name of D Co., Ltd., whose seal is affixed thereon; and (c) agreed with C with C on June 29, 2012, the Defendant entered the limit of the right to fill blank as KRW 30 million; (d) on the G office, the Defendant entered the date of issuance of the said promissory note as “the date of issuance, Jun. 29, 2012”; and (d) stated “30 million won,300,000,000 won in the bill amount column; and (e) stated the name of the D Co., Ltd., a securities company as the name of the D Co., Ltd.

2. Around July 3, 2012, the Defendant: (a) around July 3, 2012, at the Sung-dong, Mapo-gu Seoul Metropolitan Government Gwangju Bank, issued, as security, a promissory note, which is a forged security, to a person in charge of the name-free loan, who is aware of the forgery, as above, was actually issued; and (b) exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Each police statement of C;

1. Promissory notes;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 214 (1) of the Criminal Act applicable to the facts constituting the crime (the title of securities) and 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that although the face value of a promissory note forged by the accused is small, the accused is involved in the crime and the accused is divided, and the issuer of a promissory note has returned the promissory note and does not want the punishment against the accused.

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