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(영문) 서울남부지방법원 2016.01.13 2015고단4376
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On February 17, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Central District Court, and the said judgment became final and conclusive on the 25th of the same month.

[Criminal facts]

1. On September 10, 2009, the Defendant forged securities: (a) stated the amount column of the face value of the promissory note in the residence of the Defendant located in Gwanak-gu, Seoul Special Metropolitan City; (b) the issue date column; and (c) the payment date column as “E” in the issuer’s address column; and (d) affix the E seal arbitrarily inscribed on the name side of the above E at the same location on September 13, 2009.

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

2. Around September 10, 2009, the Defendant exercised a forged promissory note for the purpose of preparing a promissory note process certificate, as if it was actually issued, against F who knew of the forgery at the above C’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The head of a complaint;

1. Promissory notes;

1. A copy of transfer confirmation certificate, a copy of process deed (including forged promissory notes), a certified copy of real estate register, a resident registration abstract for a suspect, a copy of cash storage certificate, and a current status of payment of interest;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report on investigation (Attachment of judgment), and text of judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is as follows: (a) the crime of forging securities and exercising forged securities constitutes the crime of forging securities and exercising forged securities will impair the credibility of the securities involved; and (b) specifically disrupt the distribution order of securities, thereby impairing the distribution order of securities.

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