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(영문) 인천지방법원 2012.11.29 2012고단73
자격모용유가증권작성등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

Reasons

Punishment of the crime

[Criminal Justice] On January 7, 2011, Defendant B was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Incheon District Court. The judgment became final and conclusive on January 15, 201.

【Criminal Facts】

Defendant

B was delegated to sell 738 square meters in the purchase price of KRW 35 million with respect to the F land category of the victim E-owned business, and around February 18, 2008, the victim entered into a contract to sell the said real estate with the Defendant for the purchase price of KRW 48 million and received the down payment of KRW 10 million on behalf of the victim.

1. Defendant A

A. A. A around February 20, 2008, the Defendant, at the office of a non-certified judicial scrivener located in the Nam-gu Incheon Metropolitan City, entered the amount in the form of the loan certificate in the column of “private million won”, “one million won” in the interest column, and “E” in the debtor column, entered “A” and affixed the suspect’s seal next thereto.

However, the Defendant did not have been delegated the right of representation to the obligee H with respect to the preparation of the instrument of borrowing KRW 40 million to the obligee H.

Nevertheless, for the purpose of exercising these rights, the Defendant, without authority, prepared a copy of the loan certificate, which is a private document concerning rights and duties, using the victim’s qualification as an agent.

In addition, around that time, creditors H issued a certificate of borrowed money that he prepared to the above agent I without knowledge of the fact and exercised it.

B. On March 4, 2008, the Defendant entered “E,00,000” and “E” in the column of the issuer’s name, etc. in the package of promise in the paper of the Promissory Notes located below Incheon or below, and affixed the Defendant’s seal on each name and affixed the Defendant’s seal.

However, the Defendant did not have been delegated the right to represent the issuance of promissory notes with the amount of KRW 5,000,000 to H by the victim.

Nevertheless, the defendant is a securities company with the intent to exercise the above authority as a proxy of the victim.

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