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(영문) 부산지방법원 동부지원 2019.08.14 2019고단699
유가증권위조등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

From June 14, 2017, the Defendant, as the representative director of the Company B (hereinafter “B”), concluded a foreign exchange transaction agreement with the victim D Co., Ltd. (hereinafter “victim”) at the location of the D Bank located in Busan Suwon-gu, Busan (hereinafter “D Bank”) from June 14, 2017.

Around February 2018, the Defendant entered into an agreement with “F”, a Chinese fishery product exporter operated by E, to import freezing 72 tons, and E had “G” issue (B/Lno. H, I, and J) a bill of lading designated as a consignee B, and the Defendant agreed to receive freezing fish using the said bill of lading.

1. The Defendant and E, on February 2018, issued a bill of lading that designated the consignee as B with respect to freezing 72 tons of the vessel, and entered the said freezing on March 8, 2018. However, the Defendant and E, at the same time, forged the damaged bank as if the bill of lading was issued to enable the damaged bank to settle the said freezing fish price.

On April 4, 2018, the Defendant and E indicated “H”, “F”, “F”, “N”, and “N”, “Nber and kins” in TO THE OE OE OE OE COMF DK SESL”, “Nber and kins”, in the Gos column of Greens, “3X40” RF S.T.C. CY-CY SY SHHHPPPPPPPPPD, CYAL L/CNUD L/CND,” and the bill of lading prepared on April 4, 2018 in the name of the carrier under the name of the carrier as above, and entered the official seal on “M” and entered on the bill of lading “M” in the name of the carrier under the name of the carrier as if he had not been forged.

Accordingly, the defendant, in collusion with E, forged a bill of lading in the name of "M", which is a securities, and exercised it.

2. On February 2018, the Defendant, while importing freezing 72 tons from E around February 201, would issue a bill of lading designated as a consignee B.

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