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(영문) 서울중앙지방법원 2012.10.18 2012고단3656
유가증권위조등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around the end of May 2008, the Defendant forged securities at the office of the FJ branch of the Jung-gu Seoul Metropolitan City G market, at the face value column, “30,000,000 won”, “30,000 won”, “20,000 won”, “A, C, D, and E”, “20,000 won” in the issuer column, “20,000,000 won” in the face value column, “20,000”, “20,000,” “207. 20,20,” and “A, D, and E”, and “F’s seal prepared in advance,” written in the issuer column, “A, D, and E”.

Accordingly, the Defendant forged the description of the rights and obligations of promissory notes in F name for the purpose of exercising them.

2. The Defendant exercised a forged securities event on the same date and time, and at the same place, delivered two copies of a promissory note which forged the description of rights and obligations as above to H, as if they were duly formed, under the pretext of debt repayment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and H

1. Article 214 (2) of the Criminal Act applicable to the facts constituting the crime (the point of view of securities) and Articles 217 and 214 (2) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

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

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

1. In light of the fact that the Defendant is aged, the Defendant’s wife’s endorsement of the Defendant’s wife was demanded after receiving a promissory note that H already lent money, and the Defendant’s act of committing the instant crime was committed, not for his personal purpose, but for G stores with the Defendant’s president borrowed money for the Fdong remodeling cost. In particular, KRW 300 million out of KRW 500,000 was borrowed by the former president before the Defendant was appointed as the president, the sentence against the Defendant shall be executed.

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