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(영문) 서울중앙지방법원 2014.01.08 2013고단5567
위조유가증권행사
Text

Defendant

A Imprisonment with prison labor for one year, for 8 months, for defendant C, for 6 months and for 10 months, respectively.

Reasons

Punishment of the crime

[Criminal Justice] On January 18, 2012, Defendant D was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court on February 25, 2013, and the execution of the above sentence was terminated at the Seoul Detention Center.

【Criminal Facts】

The Defendants committed the following crimes with a view to distributing 85 billion won cashier's checks (one check issued on April 2, 2003 by the head of the banking business division H, check number I) for the purpose of guaranteeing the public tender.

1. At around 10:00 on August 10, 2013, Defendant A: (a) around 10:80, the Defendant: (b) purchased a high-amount check for the guarantee of construction work; and (c) held the check for the foregoing forged KRW 85 billion on a condition that L would be lent for one week on a one-time basis even though he was aware that the check was forged; and (d) exercised it.

2. On August 15, 2013, around 19:00, the Defendant received a request from C to request for the issuance of a high-value check for construction work, and received from L a 85 billion won check with knowledge that the check was a forged check, Defendant B received 200 million won in return for the check, and exercised it by delivering to C a forged 85 billion won cashier’s check.

3. At around 10:00 on August 16, 2013, the Defendant: (a) received a request from D to request for the issuance of a high-value check for construction tender; (b) despite being aware that the check received from B is a forged check, the Defendant agreed to have divided the proceeds of construction, and exercised one of the above 85 billion won cashier’s checks issued to D.

4. On August 16, 2013, Defendant D tenders for construction from Q Q in front of the exit of P Station 1 located in Seocho-gu Seoul, Seocho-gu, Seoul and R around 12:00.

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