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Defendants shall be punished by imprisonment for six months.
However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] Defendant B was sentenced to eight months of imprisonment for the crime of forging securities at the Seoul Southern District Court on January 26, 2017 and the judgment became final and conclusive on February 3, 2017.
[2] On September 2013, Defendant B offered for discount through Defendant A by issuing a promissory note without the consent of E, a representative of D, who is an addressee of D, due to the difficulties in managing the company due to the dishonor of C around September 2013
1. On November 29, 2013, the Defendants posted their seals on D Company E, the issuer “C”, “G”, “28,600,000 won for the purpose of exercising, without the consent of the representative of D, at C offices located in Kimpo-si, Kimpo-si, Kimpo-si, and without the consent of D’s E’s E’s E’, for the purpose of exercising.
On November 30, 2013, the following day, the Defendants continued to deliver and exercise a forged promissory note to I as if it were duly formed.
As a result, the Defendants conspired with each other to forge the description on the duty of rights of securities, and exercised it for the purpose of exercising.
2. On December 12, 2013, at the C office located in Kimpo-si F, Kimpo-si, the Defendants: (a) without the consent of D’s representative E, the issuer’s “C”, (b) number of the bill number, and (c) the amount of the bill as KRW 17,60,000, the Defendants affixed the seals on the back of the face of the promissory note in the column of the payee’s column; and (b) affixed the seals to the column of the endorser.
On December 17, 2013, the Defendants continued to deliver and exercise the forged promissory notes to I as if they were duly formed.
As a result, the Defendants conspired with each other to forge the description on the duty of rights of securities, and exercised it for the purpose of exercising.
Summary of Evidence
1. Defendants’ respective legal statements
1. Partial statement of a witness I;
1. Two copies of forged promissory notes; and
1. His previous convictions: A criminal investigation report (Attachment to the previous rulings).