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(영문) 의정부지방법원 2020.06.10 2020고단678
유가증권위조등
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

[criminal power] On November 30, 2018, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Northern District Court for a period of ten months, and the said judgment became final and conclusive on December 8, 2018. On February 22, 2019, the Seoul East Eastern District Court sentenced two years of suspension of execution to six months of imprisonment for fraud, etc., and the said judgment became final and conclusive on March 5, 2019. On October 17, 2019, the Seoul Northern District Court sentenced four months of imprisonment for fraud at the Seoul Northern District Court for a period of four months.

【Criminal Facts】

1. On December 10, 2010, the Defendant: (a) indicated the date of payment issued by the representative director of the Dispute Resolution Co., Ltd., “F Bank Shin-dong Branch; (b) the F Bank Shin-dong Branch; (c) the face value of KRW 150 million; and (d) the back of the Promissory Notes number “G” as “B of December 2010 and Jeonnam-gun-gun,” and affixed the official seal of the representative director of the I in its next page.

Accordingly, for the purpose of exercising, the Defendant forged an endorsement under H name, which is a description of the rights and obligations of promissory notes, which are securities.

2. On the same day as the above paragraph 1 above, the Defendant issued to K a promissory note, which forged the endorsement as above, under the pretext of debt repayment, as if it were genuine.

Accordingly, the Defendant exercised a promissory note, which is a securities, whose endorsement is forged in H’s name, which is a statement on rights and obligations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H and K;

1. Copies of promissory notes;

1. A copy of the judgment (No. 9 of the evidence list);

1. A copy of an appraisal report;

1. Previous convictions: Investigation report (verification of criminal records of the accused), judgment, and application of Acts and subordinate statutes as a result of inspection of consolidated cases;

1. Article 214 (2) and (1) of the Criminal Act applicable to the facts constituting an offense (the point where an endorsement of securities is made) and Articles 217 and 214 (2) of the Criminal Act (the point where an endorsement is forged);

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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