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(영문) 서울동부지방법원 2013.09.30 2012고단323 (1)
무고등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On December 18, 2008, the defendant of criminal records was sentenced to two years of suspended execution for the crime of occupational embezzlement in the Seoul Eastern District Court on December 18, 200, and the judgment became final and conclusive on the 27th of the same month.

Criminal facts

[2012 Highest 323]

1. Co-defendant L Co-defendant's co-defendant's co-defendant's (the relationship and conspiracy with the defendant and L] The defendant and Co-defendant's L take over the M of Co-defendant's Co-defendant's Co-defendant's Co-defendant's Co-defendant's Co-defendant's Co-defendant's Co-defendant's Co-defendant's Co-

After that, when Co-Defendant L cannot pay the amount of a bill issued in the name of M Co-Defendant and Co-Defendant L, the defendant prepared a false accident report, etc. that the amount of the bill was altered, and submitted it to the bank to be exempted from payment and suspension

In other words, under Article 118 of the Enforcement Rule of the Bill of Exchange Business in operation by the Financial Settlement Agency and Co-defendant L, in the event that a bill is issued and a bill is forged and presented for payment, the defendant and Co-defendant L, in principle, shall deposit the deposit received for the alteration of the bill in separate deposits of the Financial Settlement Agency, but in order to deal with the alteration of the bill, they may deal with the alteration of the bill only, but exceptionally, in order to protect the bona fide issuer, one of the

2. Data evidencing the submission of the preceding subparagraph:

3. The statement of the issuer:

4. The submission of a copy of the revised bill can be exempted from the deposit of the deposit of the falsified report deposit, and the submission of the complaint to the police station with a false content can be punished for a crime of false accusation. Therefore, to avoid this, the defendant's complainant is stated as a deceased person and the complainant intentionally refuses to comply with the request for attendance after submitting the complaint, using the false content to the creditor bank.

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