logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2012.10.31 2012고단2265
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 29, 2011, the Defendant was sentenced to two years of imprisonment with prison labor at the District Court for fraud, and the judgment became final and conclusive on June 11, 2012.

1. On November 201, the Defendant forged securities products: (a) around March 6, 201, at the office D office of Gangnam-gu Seoul Metropolitan Government C 301, the Defendant: (b) marked the rubber name plate filled up by the “F”; (c) “G”; (d) “H”; and (e) “Seoulcheon-gun I”; and (e) marked the rubber name plate filled up in the column for the first endorsement of the promissorysory note amounting to KRW 70,000,000 at the face value, which was issued by E, at the seat of the office D office of the Gangnam-gu Seoul Metropolitan Government C301, the payment date of March 6, 2012.

As a result, the Defendant forged endorsement in the name of G Co., Ltd., a statement on the rights and obligations of promissory notes, which are securities.

2. On December 201, 201, the Defendant: (a) requested K to discount a bill at the office of K located in Songpa-gu Seoul, Songpa-gu, Seoul Police Officer; (b) delivered a promissory note forged by endorsement as if it were genuine.

3. The Defendant presented, at the same time and place as in paragraph 2, a forged promissory note to the victim K as in paragraph 1.

The Defendant, as such, by deceiving the victim, received 40,000,000 won from the victim as the discount money for the bill, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Copies of promissory notes;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes which report the previous disposition and the result thereof;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act that provides for the choice of punishment (Fraud, choice of imprisonment with labor), Article 214(1) of the Criminal Act, and Articles 217 and 214(1) of the Criminal Act;

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

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

arrow