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(영문) 서울중앙지방법원 2017.04.27 2017고단1284
허위유가증권작성등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The defendant is the actual operator of E Co., Ltd. in Mapo-gu Seoul Metropolitan Government D.

On January 20, 1995, the Defendant entered into an original export contract of USD 500,000 with the original import company F (F; hereinafter “F”) in Braziln Pula in the upper part of Braziln, and had F enter into an export contract of USD 500,000, and had F enter into a credit at the last part of the National Bank Mumba.

Since then, the Defendant, in collusion with the representative director H [10 months of suspended sentence of November 8, 1996], G Co., Ltd., a cargo transport intermediary company, prepared a false bill of lading as if he loaded the original unit to be supplied to F under the above contract, and attempted to obtain money by presenting it to the Korean Bank Mapo branch by means of receiving export price (price of bill of lading) under the above contract.

1. Preparation and exercise of false valuable securities;

A. On April 14, 1995, the Defendant, at H and G Co., Ltd. office located in Jung-gu Seoul Special Metropolitan City I building 703 around April 14, 1995, the Defendant entered into an export contract with F on April 14, 1995, and submitted a bill of lading stating that “E Co., Ltd. entered into a sub-export contract with F on April 14, 1995, E Co., Ltd., which shall enter into the Port of Brazil, and shipped USD 90,00 PCS, US$ 175,500 at the same day, which shall be accompanied by the application for purchase of export bills.” On the same day, E Co., Ltd. submitted the bill of lading to F Co., Ltd. to F Co., Ltd., without knowledge that the original bill of lading was to be supplied to F.

As such, the Defendant, in collusion with H, prepared false valuable securities for the purpose of exercising them.

B. Notwithstanding the fact that the Defendant committed the crime of April 21, 1995: H and the office of the above G G G Co., Ltd. on April 21, 1995, and the fact that the Defendant loaded the original unit to be supplied to F, the Defendant entered into a contract for the original export with F in Blue P Co., Ltd. on April 21, 1995, and the Busan Port.

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