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(영문) 서울북부지방법원 2019.07.12 2019고단485
위조유가증권행사
Text

A defendant shall be punished by imprisonment for six 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

On October 18, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court and two years of suspended execution, and the judgment became final and conclusive on November 29, 2018.

On November 2017, the Defendant offered that “I would pay part of negotiable certificates of deposit held by the Defendant at the time of borrowing money” from Swikset service to B, and around that time, I opened 16 bearer certificates of deposit forged in the name of F Bank's new branch in the F Bank, including one forged certificate of deposit in the name of F Bank's new branch in Seoul, with Kwikset service to B on August 14, 2002, the date of issuance, August 13, 2003; the due date of August 13, 2003; the due date of payment of KRW 52.25 billion in the name of F Bank's new branch in the attached Table of Crimes.

Accordingly, the defendant exercised 16 copies of forged securities.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and G concerning the accused;

1. Each police interrogation protocol concerning H, G, B, I, J, K, and L;

1. Confirmation of the occurrence of each request for cooperation with investigation (request for confirmation as to whether they are issued) and each certificate of deposit;

1. Copies of each certificate of deposit, photographs of the certificate of deposit, and the police statement of the statement;

1. Each protocol of seizure;

1. Previous records: Criminal records, investigation reports (Attachment to a copy of the final judgment finalized after the crime of this case), and the application of Acts and subordinate statutes governing the judgment;

1. Articles 217 and 214 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act is that the crime of this case is highly likely to impair the social credibility of securities and to be abused as a means of other crimes.

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