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(영문) 수원지방법원 2018.05.10 2018고단1286
유가증권위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 16, 2014, the Defendant was issued a certificate of personal seal impression from E on the ground of business registration, with the Defendant’s intent to operate the main points along with (e) C and D in Suwon-si, Suwon-si, and with (e) C and D, and registered as a business operator under his/her name with his/her cohabiting female E, and the amount of 100 million won is to be loaned from the business operator.

around May 7, 2014, the Defendant borrowed KRW 100 million from the above main point and prepared related documents, and without obtaining E’s consent, was in possession of the F in advance for the Defendant’s agent F.

E’s seal and seal imprint certificate were written in the column of the issuer of promissory notes for the preparation of the Nuriju Process and the column of the delegation of power, and the seal was affixed, and then issued to H of a certified judicial scrivener affiliated with the G Joint Law Office, who is aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged and held private documents on securities and rights and obligations in the name of E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Details of financial transactions, a new statement of bank transactions, and a statement of transactions in one bank;

1. It is recognized that: (a) a certified copy of the process deed, promissory note, power of attorney, and certificate of seal impression (E) [the name of the business operator registered in the “I” operated by the Defendant is E; (b) 100 million won has been deposited in the E’s account; and (c) E is deemed to have been aware of the establishment of a collateral security right to pay 100 million won to E after the decision to commence compulsory auction on real estate under the name of the above operator E.

However, the following circumstances, which are ratified by the aforementioned evidence, i.e., the F’s statement, even if following the F’s statement, the F, at the time of the preparation of the said promissory note, did not confirm the E’s own intent separately, and received E’s seal, seal, certificate, etc. from the Defendant; it was unclear whether the E received notification of the instrument of the closed promissory note’s business; and after about one year from the time of the preparation of the said instrument

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