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(영문) 청주지방법원 2013.05.31 2012고단2663
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 201, the Defendant received a copy of the Promissory Notes with face value 22,50,000 won and serial D from C, which was known to it, upon the request of the Defendant, as it is necessary for the Defendant to pay the business funds from Oin omitted B.

1. On September 30, 2011, the Defendant stated “2019.30”, “102-604,” and “F” in the lower end of the said Promissory Notes using the pen.

Ultimately, for the purpose of exercising these rights, the Defendant forged an endorsement under the name of the Defendant F, a statement on the rights and obligations of the said Promissory Notes, which is a securities.

2. The Defendant: (a) delivered the said promissory note, which forged the description of rights and obligations at the above date, at the above time and place, to B, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, and B;

1. Application of written rulings, written appraisal, or promissory notes and other statutes;

1. Article 214 (2) and (1) and Article 217 of the Criminal Act concerning 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. The Defendant’s crime of this case with the reason for the suspended sentence under Article 62(1) of the Criminal Act is a case where the Defendant forged the endorsement of a promissory note in his own name and uses it under his own name, and the nature of the crime is not mitigated. In addition, with regard to the favorable circumstances such as the Defendant’s age, character and conduct, family relation, circumstances, and consequence of the crime, the Defendant’s punishment as indicated in the order shall be determined by taking into account various circumstances, including the following: (a) the Defendant’s use of the endorsement of a promissorysory note in his name; and (b) the fact that the promissory note due to each of the instant crimes appears to have not been distributed

It is so decided as per Disposition for the above reasons.

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