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(영문) 수원지방법원 안산지원 2015.02.24 2014고단1527
유가증권위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On December 7, 2012, the Defendant was sentenced to a suspended sentence of two years on April 13, 2013 in the Suwon District Court's Ansan Branch's imprisonment with prison labor for the violation of the Road Traffic Act, etc., and the judgment was finalized on April 13, 2013.

The Defendant, as a person operating a fish and shellfish retail chain, was supplied with the proceeds from D, resulting in the attempted proceeds of KRW 50 million, which led to the Defendant’s failure to use the proxy form, promissory note, etc. in his name without the consent of the Party E.

1. On February 13, 2013, the Defendant forged a private document: (a) at law firm G located in the Nam-gu Incheon Metropolitan City, the Defendant stated “A” and “E and Silung H” in the delegation column; and (b) marked in advance the seal of the E in his/her name that he/she was dispatched next to the delegation column.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of E, a private document on rights and obligations.

2. The Defendant, in the date, place, and page 1, stated “M million won”, “E” on the issue date column, and “E” on the issuer column, at the time, place, and at the place of entry of the promissory note, and affixed a seal under the name of E, which was in possession of prior to the issuance date.

Accordingly, the Defendant forged a promissory note in the name of E, a securities, for the purpose of exercising the rights.

3. The Defendant, at the time, at the time, and place specified in paragraph (1), exercised the aforementioned forged power of attorney and promissory note against D who was unaware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint, notarial deed, promissory note, proxy letter, certificate of personal seal impression, and appraisal statement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the court ruling and summary agreement auxiliary to cases;

1. Article 231 of the Criminal Act applicable to the facts constituting an offense (the point of private document assistance), Articles 234 and 231 of the Criminal Act (the point of uttering of a falsified investigative document), Article 214(1) of the Criminal Act (the point of use of securities) and Articles 217 and 214(1) of the Criminal Act (the point of uttering of forged securities).

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