A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 18, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court on December 14, 2012, and the above judgment became final and conclusive on December 14, 2012.

【Criminal Facts】

1. Around August 2012, the Defendant: (a) instructed F, an employee, at the E’s office operated by the Defendant in Busan H building, to enter “H” in the form of endorsement of promissory notes issued by E Co., Ltd. in the form of the E Co., Ltd. issued by E Co., Ltd.; (b) stated “H” on August 2012 and “H” in the name column; and (c) affix H’s seal kept in custody next to the name.

Accordingly, the Defendant forged a promissory note, which is a securities, for the purpose of exercising its rights.

2. Around August 2012, the Defendant issued a forged promissory note to I as above at the office E Co., Ltd., and exercised it under the pretext of a mutual agreement as if he were duly endorsed it through I.

Summary of Evidence

1. Each legal statement of witness F, I, and H in part;

1. Each police statement made to H, I, and F;

1. A copy of a promissory note or a guide for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (the contents and circumstances of the instant crime appears to be considered, and other factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s health condition, criminal records, etc.)