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(영문) 서울중앙지방법원 2015.06.25 2014고단4294
위조유가증권행사
Text

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

except that 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

1. On January 17, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Central District Court on ten months, and the said judgment became final and conclusive on March 14, 2014.

2. Around May 22, 2012, the Defendant: (a) issued to F a note forged with “38,650,000 won” at a coffee shop in which it is impossible to know the trade name located in the Yongsan-gu dialogue in Yongsan-gu, Seoyang-gu, Gyeonggi-do; (b) payment date “21, 01.09”; (c) the Bank of Korea branch”; and (d) the issuer “D representative E” with “F” with the place of payment; and (b) the Defendant exercised it as if he were genuinely written in terms of debt repayment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witnessF;

1. Copies of promissory notes and text messages and output copies; and

1. Investigation report (as to the Promissory Notes):

1. Previouss before the judgment: Criminal records, investigation reports (Attachment of related cases), a copy of the judgment (the defendant alleged that he/she was unaware of the forgery of the bill by purchasing a newspaper advertisement report, but the defendant made a false statement that he/she did not deliver the bill to F in order to conceal the crime of this case at the time of investigation by the prosecution; the defendant did not disclose the specific circumstances even though he/she alleged that he/she purchased a forged bill; if he/she alleged that he/she purchased a falsified bill, he/she did not take appropriate measures at all even though he/she was a crime victim; and even if it is difficult to deem that the defendant paid a reasonable amount at the face value and acquired it, it is reasonable to deem that the defendant was aware of the

1. Articles 217 and 214 of the Criminal Act concerning the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The instant crime of using a promissory note that is forged in the grounds for sentencing under Article 62(1) of the Criminal Act is committed with the trust of the public in the securities.

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