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(영문) 인천지방법원 2015.04.09 2015고단153
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 6, 2001, the Defendant, who is a married person with C and D on April 6, 2001, borrowed KRW 80 million from D, but failed to pay interest, and thus was able to prepare and deliver a promissory note under the above C’s name, the husband of the said D who was requested to perform a notarized act.

On October 16, 2014, the Defendant: (a) indicated “C’s seal attached to a promissory note paper” with “D returned, gold-free KRW 1,00,000,000,0000, October 16, 2014, and C to the issuer; and (b) delivered D’s seal without knowing that the relevant promissory note was forged.”

Afterward, upon commissioning the above law firm with the authentication of the Promissory Notes, the said law firm stated “A” in the form of notarial commission, stating “C’s name, promissory note, C, and date of birth,” imprinted C’s seal, and written a power of attorney to delegate C with all the powers regarding the preparation of authentic deeds to the Defendant, and written C’s name in the delegating column and affixed C’s seal, and then delivered C’s seal to the said law firm’s employee who was in charge of notarial acts,

As a result, the Defendant, without authority, forged each of the letter of delegation in the name of C, and one of the letter of delegation in the name of C, which is a private document on rights and obligations, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. C Complaints;

1. Application of promissory notes, written entrustment of notarial acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 214(1) of the Criminal Act that applies to the choice of punishment (Article 214(1) of the Criminal Act), Articles 217 and 214(1) of the Criminal Act ( point of exercising forged securities), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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