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(영문) 부산지방법원 2014.11.19 2014고단6899
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Around March 3, 2014, the Defendant stated that C will find employment as a bus engineer, and then delivered KRW 2 million from C to the said price, but the Defendant failed to comply with the promise and received a demand for payment of KRW 2 million from C. As the Defendant received a demand for payment of KRW 2 million from C, the Defendant was willing to avoid the demand by forging one promissory note and delivering it to C.

1. As a result of forging securities, the Defendant: (a) around March 26, 2014, indicated that the date of issuance of a promissory note purchased at the place of residence of the Defendant in Busan Seo-gu D; (b) on the date of payment in the column of the date of issuance of the promissory note paper; (c) “ May 28, 2014”; and (d) on the face value column, “three million won in 3,850,000;” and (d) indicated “E, FF companies G, the ideology-gu Busan Metropolitan City, H, Do, or retail cable product”; and (c) sealed the Defendant’s seal on the right side, stating “I” and the Defendant’s name in the back endorsement column of the bill.

Accordingly, the Defendant forged a promissory note in the name of G, a securities, for the purpose of exercising the rights.

2. Around April 2014, the Defendant exercised a forged promissory note against C, which was forged as provided in paragraph 1, at the residence of the above Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of statutes on copies of promissory notes;

1. Article 214 (1) of the Criminal Act and Article 217 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., fabrication of a bill of promise and its exercise thereof each time);

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