Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On September 25, 2013, the Defendant was sentenced to two months of imprisonment and two years of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on December 7, 2013.
[Criminal facts]
1. On April 29, 2011, the Defendant who forged securities is indicated as “B”, “B”, “B0 million won in the column of the bill,” “date of issuance”, “C” in the column of the issue date, and “C” in the column of the issuer’s column, and “C” in the column of the issuance date, in the form of a promissory note in the General Legal Office of Samung-gu, Seoul, Seoul, Samungdong-dong 705-9, 301.
C's seal impression has been stamped.
Accordingly, for the purpose of exercising, the Defendant forged a promissory note in the name of C, which is a security.
2. The Defendant, at the time and place specified in the foregoing paragraph 1, exercised a forged promissory note as a collateral for the Defendant’s existing obligations against B, as if it were actually issued to B with the knowledge of the forgery.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against C;
1. A copy of the promissory note process;
1. A copy of the trial records of the Seoul Central District Court 2015 Ghana 5230849;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (prior convictions for latter concurrent crimes);
1. Relevant Article 214 of the Criminal Act and Articles 214 (1) and 217 of the Criminal Act concerning the selection of criminal facts;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. The second-class crime that has no basic area (6-2 years to 3-2 years), such as forgery, alteration, etc. of the value of securities, etc. [the scope of punishment recommended] of the first-class crime [the scope of punishment recommended] of the first-class crime (6-2 years to 3-2 years) in the basic area (such as fabrication, alteration, and use of securities) [the scope of punishment recommended] of the first-class crime (6-2 years to 6-2 years) in the basic area (including forgery, alteration, and use of securities] of the first-class crime.