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(영문) 대구지방법원 2011.10.11 2011고단2464
유가증권위조등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 1, 2005, the Defendant: (a) asked C (Separate Co-Defendant) (Separate Co-Defendant) (hereinafter referred to as “FBG”) who was aware of the reputation in front of the office B in Daegu Northern-gu, Daegu-gu, Seoul-gu, and lent the amount equivalent to three million won; and (b) upon such request, C (Separate Co-Defendant) requested D’s endorsement of B’s work in the promissory note (E) issued in D, the amount of face value of KRW 24,800,00,000. At the same time and place, C, without any authority, arbitrarily affixed a name tag “FBG” on the back of the said promissory note, and then released it to the Defendant.

Accordingly, the Defendant and C forged the description of the rights and obligations of promissory notes which are securities without authority for the purpose of exercising them in collusion.

2. The Defendant: (a) conspired with C in an influencies or below Daegu in the temporary border under the preceding paragraph, the Defendant exercised the right by requesting a bill discount to HF Co., Ltd. director I located in Seoul to send a forged promissory note via a high-speed bus shop in the same manner as the mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police interrogation protocol (including G, I, and I) with respect to the accused and C;

1. The prosecutor's statement concerning G;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a copy of a bill of exchange (the forward and back copy);

1. Article 214 (2) and (1) of the Criminal Act applicable to the facts constituting an offense, Article 214 (2) and (1) of the Criminal Act, Articles 30 and 217 of the Criminal Act, Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides for the suspension of execution (a) of the Criminal Act (along with the following circumstances: (b) the Defendant voluntarily testified in the civil procedure that he/she committed a crime; (c) the Defendant was exempted from the responsibility of the forged G from the responsibility of the bill; (d) the degree of participation is relatively minor; and (e) the same kind of power and fine is not imposed.

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