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(영문) 인천지방법원 2013.05.23 2013고단1610
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 14, 2010, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the execution of the sentence was terminated on January 2, 2012 by the Ansan Prison. On February 1, 2013, the Incheon District Court sentenced two years of imprisonment for the crime of forging securities, etc., and the said judgment became final and conclusive on February 9, 2013.

1. On September 2012, the Defendant forged securities at the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government, stated “one million won,” “one million won,” “ September 20, 2012,” “one bank in the column of the date of issuance”, “one bank in the column of the place of payment,” “D” in the column of the place of issuance, and marked D’s seal attached to D’, which was kept adjacent to D name.

Accordingly, for the purpose of exercising the right, the Defendant forged a promissory note in the name of D.

2. Around September 2012, the Defendant issued a forged promissory note as described in the preceding paragraph to E, who is aware of the forgery, as a substitute for commercial sex acts, in the vicinity of the Sail Station located in Dongjak-gu Seoul Metropolitan Government Sadong.

Accordingly, the Defendant exercised one copy of a promissory note, which is a forged securities.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Copies of promissory notes;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., references to criminal records, etc., previous records of dispositions, results of confirmation, investigation reports (Attachment of judgment attached), and personal identification and acceptance status of each individual;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Of concurrent crimes, the crime of this case committed on the grounds of sentencing in the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act is intended to forge a promissory note and engage in sexual traffic.

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