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(영문) 서울중앙지방법원 2016.08.11 2016고단3056
위조유가증권행사
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2010, the Defendant had considered the issue of preparing the accounts receivable on credit with F around December 2, 2010, and agreed that the Defendant would purchase at KRW 300,000,000 at the face value of KRW 30,000,000,000 from the sales of the name infinite in the newspaper advertisement column. At around that time, at the Defendant’s office of Jongno-gu Seoul Metropolitan Building 404, the Defendant purchased KRW 30,000,000 at face value from the delivery of the non-name infinite bill from the Defendant’s office to the delivery of the non-name infinite bill: H, date of payment: date of issuance: March 14, 201; and issuer: the representative director of the IBC Co., Ltd. purchase at KRW 300,00.

At the time, the Defendant purchased a promissory note with the face value only 1/10 of its face value in purchasing the promissory note as above; the Defendant did not verify whether the seller of the said note is a legitimate holder, such as an employee of the IF, etc.; and did not verify the personal information of the seller and the delivery source; and the Defendant did not undergo verification on forgery based on the serial number on the issuing bank or IFF. In light of the fact that the said promissory note is highly likely not to be a true bill.

Nevertheless, around December 3, 2010, the Defendant issued a forged promissory note 1 at the above Defendant’s office as if it were actually issued, to F who is unaware of the forgery, as the price for settlement of accounts receivable due to credit.

In this respect, the Defendant exercised one copy of a promissory note, which is a forged security.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the suspect by the prosecution against the accused and the F;

1. Statement made by the police with regard to F;

1. Entry of forged promissory notes and the application of their existing Acts and subordinate statutes;

1. Articles 217 and 214 (1) of the Criminal Act relating to the facts constituting an offense;

1. It is a crime with dolusence of the reasons for sentencing under Article 62(1) of the Criminal Act, and is substantial.

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