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(영문) 서울북부지방법원 2018.02.21 2016고단5753
유가증권위조등
Text

A defendant shall be punished by imprisonment for not less than eight 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.

(e).

Reasons

Punishment of the crime

1. On March 2015, the Defendant forged securities: (a) the Defendant, at an office located in the Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (Seoul Special Metropolitan City), stated D’s face value of KRW 68,50,000 at face value; (b) May 30, 2015, on the date of payment; (c) had been issued one Promissory Notes (E) entered as the issuer; and (d) the Defendant, who was bound to discount the promissory Notes from the Victim F or to offer them as security and was bound to borrow money from the issuer; (b) the Defendant was able to exercise his/her duty to guarantee the payment of the Promissory Notes at the same place as of March 20, 2015, on the back of the said Promissory Notes without any authority from G and other authorized persons; and (b) stated “H and I (State) G” in the name and affix his/her seal to the rights and obligations of the legal entity.

2. On March 20, 2015, the Defendant, while making a false call on or around March 20, 2015, shall pay to the said victim F the amount equivalent to the principal of the amount of the money which the Defendant offered to the Defendant for a discount of bills or a loan for the payment of the remaining money which remains after deducting the accumulated amount of debts by holding the bill at a par value of 68.5 million won at a discount or as security, until May 30, 2015, the day when the payment was made.

The term “G” means the purport, from the 20th to the 24th day of the same month, to the 20th day of the same month, sent the said Promissory Notes, the name of the endorser of which was forged, as referred to in paragraph 2, to the victim, thereby exercising the forged valuable securities.

3. The defrauded proposed to the victim as set forth in paragraph 2. However, the part in the name of the endorser of the above bill was forged by the Defendant himself, and the Defendant was on the payment date of the above promissory note due to no income or assets owned by him/her at any time.

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