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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 3, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Specific Economic Leave (Fraud) at the Gwangju High Court on June 3, 2014, and the judgment was finalized on June 13, 2014.
(Criminal Facts)
1. On April 2012, 2012, the Defendant: (a) indicated that “F, E, G, and Jeonbuk-gun HMMMM HMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
Accordingly, for the purpose of exercising, the Defendant forged an endorsement under G name, which is a statement on the rights and obligations of promissory notes, which are securities.
2. On April 2012, the Defendant: (a) requested the J to exchange a promissory note, which forged a forged endorsement, at the “K station” in the operation of the JJ in Seojin-gu, Seojin-gu, Young-gu; and (b) exercised the promissory note as if it were duly formed.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to the prosecution of J and G;
1. Photographs of promissory notes;
1. Before ruling: Criminal records, investigation reports (verification of a final and conclusive judgment of a suspect), and application of statutes governing judgment;
1. Article 214 (1) of the Criminal Act applicable to the facts constituting the crime (the title of securities) and Articles 217 and 214 (1) of the Criminal Act;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;