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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant committed the crime against the victim C with bad credit standing since 2005, and the amount of debt exceeds KRW 130 million, and even if he purchased rubber labels, etc. from C, the Defendant did not have the ability to pay the said amount. Since whether a promissory note held to be settled or the face value of the promissory note would be 35 million won or more, if the endorser is the Defendant mixed with the Defendant, it would be likely that C would not receive a promissory note as the price for the goods, then C would have forged the endorsement of the first endorsement column, and would have the intention to make payment on behalf of the goods.
Around July 2007, the Defendant: (a) had no authority on November 25, 2007, for the purpose of exercising the seal in the E office operated by the Defendant at Sinju-si; (b) had, without authority, affixed a name tag held in advance, “G, H company I, I, and the J of Sinsan-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (c) had, without authority, forged an endorsement in the name of I, which is written in respect of the rights and obligations of a promissory note, which is a securities, with the seal affixed by the said I, belonging to the name of the said I and affixed the seal affixed thereto.
B. Around July 20, 2007, the Defendant: (a) around July 20, 2007, issued a forged promissory note to C, as if it were genuinely formed, in the L Award operated by C in Guro-gu Seoul Metropolitan Government, and exercised it.
C. Around July 20, 2007, the Defendant purchased rubber labels, etc. equivalent to KRW 9 million at the market price from the victim C in the above “M”, and the Defendant falsely stated that, as such, a forged promissory note of KRW 35 million was a bill of ordinary endorsement, it would be settled without the mold on the settlement date.
However, the above promissory note was forged, and it is not clear whether the above promissory note will be settled normally.