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(영문) 서울남부지방법원 2015.04.17 2014고단4630
유가증권위조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 24, 2011, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Sungnam Branch of Suwon District Court on February 24, 201, and the judgment was finalized on September 8, 2011.

【Criminal Facts】

The Defendant, while running a shopping mall sales business, failed to pay money, issued a promissory note in the name of C and D with an opportunity to have the seal imprint of C and D and offered it as a security for the borrowed money.

1. On March 2, 2010, the Defendant forged private documents at the office of association operated by the Defendant located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant: (a) stated the purport of delegation of all authority regarding the preparation and commission of authentic deeds on the proxy form printed; (b) indicated the name column of the delegating with the black-type pen, etc. on the printed proxy form; and (c) affixed a DNA seal kept adjacent to the name.

The Defendant continued to write “C”, etc. in the name column of the mandator with the black-type pen on a separate proxy form and affixed C’s seal which was kept next to the name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of D, a private document related to rights and obligations, and a letter of delegation in C, respectively.

2. On March 2, 2010, the Defendant: (a) stated “D” on June 2, 2010, on the date of payment, and affixed a seal of D’, which was kept in the name of the issuer column, in the column of the amount of the Promissory Notes with clish-type pentl-type pentl-type in the form of the Promissory Notes held at the same place.

On March 2, 2010, the Defendant continued to affix C’s seal on the face of a promissory note, stating “C” on the issuer’s column, and affixed C’s seal attached to the name, on June 2, 2010.

Accordingly, the defendant is a securities holder D.

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