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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On July 19, 2011, at the F Office in the operation of the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) endorsed, without authority, the second endorsement on the back side of a promissory note with a face value of KRW 100 million (Korean bank AZ and payment date September 30, 201) issued by L Co., Ltd. for the purpose of exercising the right; (b) forged the endorsement in the name of BA, which is a statement on the rights and obligations of a promissory note, affixed BA’s seal on each side; and (c) forged the endorsement in the name of BA, which is a statement on the rights and obligations of a promissory note, which is a securities, affixed BA seal on each side; and (d) exercised it by delivering to BB as if the endorsement was duly formed.
2. On February 10, 2010, the Defendant entered title No. 803 in BE office operated by creditors BD of Yangcheon-gu Seoul, Yangcheon-gu, Seoul with a computer without authority for the purpose of exercising the right, and stated that “BD lends a daily loan of KRW 2,02,00,000 (2,000) to A and BA, and the interest rate shall be 10% per annum.” On February 10, 2010, the Defendant printed out to the borrower, signed a letter “BA” to the effect that “BA” and issued a false certificate of loan in the name of BA, which is a private document on rights and obligations, to BD and exercised it as if it was actually drawn out.
Summary of Evidence
1. Legal statement of the witness BA;
1. Each prosecutor's protocol of examination of the accused (including BA's statement);
1. Civil rulings (Evidence No. 303 of the Record) and investigation reports (Attachment to the search contents of the case by the Supreme Court);
1. Each description of securities (Evidence No. 54) and a certificate of borrowing (Evidence No. 159) and the application of its existing Acts and subordinate statutes;
1. Article 214 (2) and (1) of the Criminal Act applicable to the crime, Article 214 (2) and (1) of the Criminal Act, Articles 217 and 214 (2) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the occupation of exercising a falsified investigative document and the choice of imprisonment);
1. The Criminal Act among concurrent crimes.