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(영문) 서울중앙지방법원 2012.09.21 2012고단2053
유가증권위조등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged lies in raising funds by lending blank promissory notes from F in the process of concluding a supply contract with G operated by F as the representative director of the E-stock company, which is a pharmaceutical company, due to the shortage of operating funds for the company.

On September 15, 2010, the Defendant: (a) entered into a contract to receive KRW 3,000 from G to receive KRW 108,00 from E through I, an E office located in Seocho-gu Seoul Metropolitan Government H building; (b) on September 15, 2010, G lent two copies of a blank Promissory Notes, the Defendant would receive a discount from F to pay the price of the goods after adding the discount rate at KRW 70,00,000, which is an amount equivalent to the price of the goods.

The Defendant, through K, stated the face value of KRW 70,00,000 in accordance with the agreement, among promissory notes received through K, which are employees of E on the same day, but the other Chapter 1 (Tgu Bank L) stated the face value of KRW 10,00,000 in the face value column as “one hundred thousand,00,000 won (one hundred,50,000 won).”

Accordingly, for the purpose of exercising, the Defendant forged a promissory note under the name of J as securities.

B. On September 17, 2010, the Defendant exercised a forged promissory note at a discount as if it were actually issued, on the part of an E, through an E, whose name could not be known at the Southern Tri-dong branch of the Han Bank in Gangnam-gu, Seoul, through the employees of the Han Bank, who could not know the forgery at the Southern Tri-dong branch of the Han Bank.

2. Determination

A. As to the facts charged in the instant case, the Defendant consistently received from G to this court from the investigative agency, and then received a refund of safry from G, thereby paying the price for the goods by supplementing the face value above the price for the goods borrowed from Chapter II of the blank Promissory Notes.

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