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(영문) 서울서부지방법원 2018.04.27 2017고단3547
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

A. The Defendant: (a) purchased a surety bond or notarized promissory notes with a fidelity guarantee in order to enter the Korea Insurance Agency (Korea Co., Ltd. in the present place; hereinafter “the above Company”); (b) as a result of the Defendant’s bad credit standing, the Defendant was unable to purchase a surety insurance due to the Defendant’s bad credit; (c) was willing to submit the said company by forging a promissory note in the name of the victim B.

1. On November 23, 2012, the Defendant forged securities: (a) at the office of D, the husband of the victim in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant stated that the Defendant was the victim’s husband of the said office, the Defendant’s seal impression of the victim, who was in custody of the said office, with the face value “one hundred million won per day, one hundred million won,00,000,000”, the issue date “ November 23, 2012”, “the issuer’s “Yeung-gu, Gyeonggi-do E 115-***B”, respectively, on the face of the victim’s name.

Accordingly, for the purpose of exercising the right, the Defendant forged a promissory note in the name of the victim, which is a security.

2. On November 24, 2012, the Defendant, at the office of the above company located in Jongno-gu Seoul Metropolitan Government, issued a forged promissory note as if it were actually issued and exercised as if it were actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B of the protocol concerning the interrogation of the suspect against the defendant by the prosecution

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to a copy of a fair deed and promissory note;

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. Normal circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that the defendant reflects his/her wrongness, and that considerable portion of the debt to the above company is repaid, and the above company agrees on April 5, 2018.

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