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(영문) 의정부지방법원 2014.09.30 2014고단2201
유가증권위조등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On August 9, 2013, the Defendant: (a) at D Co., Ltd. located in Bocheon-si, D Co., Ltd., Ltd.; (b) on August 9, 2013, the Defendant arbitrarily affixed the corporate name plate in the name of E, the former representative director of D Co., Ltd., on the first page of the promissory note, which consists of KRW 0238246, the date of issuance; (c) January 10, 2013; and (d) January 17, 2014; and (d) January 17, 2014.

Accordingly, for the purpose of exercising, the Defendant forged endorsement under the name of D Co., Ltd., a statement on the rights and obligations of promissory notes, which are securities.

2. On August 10, 2013, the Defendant: (a) at the H office in the operation of the Victim G located in Sincheon-si, Nancheon-si, the Defendant exercised a promissory note with a forged endorsement, as described in paragraph (1), as if the Defendant had duly prepared one copy of the promissory note, which was recorded in the name of collateral, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (E telephone conversations);

1. Articles 214 (1), 217, and 214 (1) of the Criminal Act applicable to the facts constituting an offense;

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. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that there is sufficient need for the strict punishment of the Defendant, since the instant crime is not somewhat weak.

However, all of the crimes of this case are led to confessions and reflects against the defendant, and the defendant has no record of criminal punishment so far, and the defendant does not seem to have expanded criminal damage due to forged promissory notes. In addition, the punishment shown in the records and arguments of this case, including the defendant's age, character, conduct and environment, the process and motive leading to the crime of this case, and the circumstances before and after the crime.

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