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(영문) 서울남부지방법원 2015.11.03 2014고단4073
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2014 Highest 4073]

1. Forgery of private documents and the display of private documents;

A. On February 18, 2009, the Defendant borrowed KRW 5 million from E to the Certified Judicial Scriveners Office of Seocho-gu Seoul, Seoul, the Defendant borrowed KRW 609,000,000 from E, using an official approval color pen, and confirmed that the above amount was borrowed on February 18, 2009, and repaid until March 31, 2009, and paid off the FF corporation’s equity shares at the time of non-performance. The Defendant stated it as “G representative director G of the FF corporation,” signed it next to the name and sealed the FF corporation’s seal.

Accordingly, for the purpose of exercising, the Defendant forged a loan certificate under the name of F representative Director G, a private document on rights and obligations.

B. At the same time and place, the Defendant issued a forged loan certificate to E who is aware of the forgery and exercised it as if it were duly formed.

2. Forgery and uttering of securities; and

A. At the time and place set forth in paragraph 1, the Defendant borrowed KRW 5 million from E as above, and signed the check on the paper for promising to do so in the face value with a lux book, “O million (interest rate of 30%/year separate),” “2.18 February 18, 2009,” “31 March 31, 2009,” “F representative G of the Company” in the issuer column, and “G”, respectively, and signed by the issuer’s name.

Accordingly, for the purpose of exercising the right, the Defendant forged a promissory note in the name of F representative Director G.

B. At the same time and place, the Defendant: (a) delivered a forged promissory note to E, who is aware of the forgery, as if it were duly formed.

[2015 Highest 453]

1. The Defendant is a person who actually operates the Gangnam-gu Seoul Metropolitan Government J Co., Ltd. (hereinafter “J”) on the part of the Victim HH association (hereinafter “victim union”).

A victim cooperative shall be held on December 2009.

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