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(영문) 부산지방법원 2016.06.16 2016고단1943
유가증권위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on April 20, 2015, was in possession of a promissory note paper at the office of (State) D operated by C in Busan High-gu, Busan High-ro (State).

In the issue amount column, the issue amount amount was stated as “one million won,” “16,00,000 won,” “19 May 19, 2015,” “the issue date column,” “D on April 20, 2015,” “in the issue date column,” “No. 19 May 19, 2015,” and “C” in the address column, and the head of (State) DD located in the issuer column.

Accordingly, for the purpose of exercising rights, the Defendant forged a chapter of promissory note in the name of PD (Representative:C).

2. On the same day as the above paragraph 1 above, the Defendant: (a) issued a false promissory note to G, who was aware of the forgery in the “F” market located in the Dong-gu Busan, Dong-gu, Busan, as if it were actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. Statement by the police in relation to C and G;

1. Application of forged promissory note Acts and subordinate statutes;

1. Articles 214 (1) and 217 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

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