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(영문) 수원지방법원 2014.11.12 2014고단4354
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2014, the Defendant: (a) around 15, 2014, the Defendant: (b) at the D office located in C in Sungsung-si; and (c) at the time of delivery of one promissory note (bill number F) in blank from the victim E, the Defendant promised to fill a face value of at least 4,500,000 won with the victim’s prior consent; and (d) at his/her own discretion, the Defendant entered the said promissory note in the face value column “ 44,50,000 won” in the face value column of the said promissory note.

In this way, the defendant has forged securities without authority for the purpose of exercising his rights.

2. On February 18, 2014, the Defendant issued, at the future financial office located in Silsi-si, Silsi-si, Yan-si, a promissory note note No. 1, which was so forged, to G, as if it were actually issued, was exercised.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a statement of performance;

1. Application of the statutes on copies of each promissory note;

1. Relevant Articles of the Act on the Punishment of Criminal Crimes: The point of exercising forged securities under Article 214 (1) of the Criminal Act: Articles 217 and 214 (1) of the Criminal Act;

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

1. Taking into account all the circumstances, such as the fact that the defendant's mistake is recognized in sentencing under Article 62 (1) of the Criminal Act, the fact that the defendant has made considerable efforts to recover damage and the victim does not want punishment for the defendant, and the amount of face value of illegally supplemented promissory notes, the health conditions of the defendant, etc.

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