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(영문) 춘천지방법원 2017.02.07 2016고단1343
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 4, 2013, the Defendant forged securities: (a) stated in the column of bill amount “52,00,000” in the column of the bill amount using a fluorial pen, “No. 4, 2013”; (b) stated in the column of issue date “E. 31, 2013”; and (c) stated in the column of issuer column “E” in the column of payment date; and (b) kept in custody adjacent to the name of the Defendant.

E’s seal has been affixed.

Accordingly, the Defendant forged a promissory note in the name of E, which is the securities.

2. At the time and place of the exercise of securities, the Defendant exercised a forged promissory note against his name, who is an employee of the said law office, who is aware of the forgery, as described in paragraph 1, in order to have it notarized as if it were actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of statutes on copies of promissory notes;

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 reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act appears to be against the defendant's wrong behavior, and the fact that the person whose security was held in the ruling does not want the punishment of the defendant, E does not have any other criminal records, in addition to four times before and after the punishment of this crime, and all other circumstances, including the defendant's age, sex, criminal conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be comprehensively taken into account and determined as the sentence as ordered.

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