logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.07.21 2017고단384
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. When it is difficult for the Defendant to pay the price of KRW 180,000 for food machinery by urging D to pay the price for the food machinery, the Defendant had tried to extend the due date for payment by reporting to D the term “bbbbing note” which is anticipated to be defaulted.

On February 6, 2015, at around 11:00, the Defendant requested F’s office located in F in the seventh floor of the Seoul Jung-gu Seoul metropolitan E building to seek bills that could be used for the purpose of 3 to 4 months in default on payment to F, and 200,000 won was collected in return for delivery of one blank Promissory note in the name of C&C Distribution Co., Ltd.

After that, with knowledge of the absence of the right to supplement in blank, the Defendant forged one copy of a promissory note, which is a security, stating in the column of the amount of the said promissory note as “Won 49,000,000”, “4/30 on April 30, 2015 (4/30)” and “06 on February 06, 2015,” respectively.

Accordingly, the defendant has forged valuable securities for the purpose of exercising his rights.

2. Around February 10, 2015, the Defendant, at the H office located in Cheongju-si, Cheongju-si, G, issued a forged promissory note to D, as if it were a bill actually issued, and exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. A criminal investigation report (to be accompanied by additional data submitted by a complainant);

1. Complaint;

1. Account transactions;

1. Copies of police statements made to J and F;

1. Application of Acts and subordinate statutes to certified copies, counterfeited bills, copy of delegation, copy of loan certificate, letter of decision on provisional seizure, and copy of loan certificate to each corporation;

1. Article 214(1) of the Criminal Act applicable to the crime (the fact of Article 214 of the Criminal Act) and Articles 217 and 214(1) of the Criminal Act concerning the crime (the fact of exercising forged securities);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The Criminal Procedure Act for the Costs of Litigation.

arrow