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(영문) 서울중앙지방법원 2018.05.03 2018고단411
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of D Co., Ltd. who is engaged in building equipment business and equipment construction business, and Defendant B is the chief of general affairs of the same company.

As profits have deteriorated due to the increase in the cost of materials, etc. on August 2009, the Defendants conspired to receive discount of bills by forging endorsement as if they were endorsed by the company with financial capacity. On October 2010, the Defendants: (a) the settlement amount of promissory notes and checks was 10 billion won; and (b) the settlement amount of promissory notes and checks was no longer able to raise funds with bills and checks issued in the name of the said company; and (c) the Defendants conspired to receive discount of bills by forging endorsement as if they were endorsed by the company with financial capacity.

1. On December 6, 2010, according to the above public offering, the Defendants: (a) issued a promissory note in the name of “I” corporation on the eightth floor of Seocho-gu Seoul in the face value of the said promissory note; (b) around December 06, 2010 on the date of issuance; (c) March 08, 201 on the date of payment; (d) KRW 32,257,500 on the Korean Bank U.S. Roy-dong branch; and (e) KRW 32,257,00 on the face value; and (e) Defendant B issued a promissory note in the name of “I” corporation name of “I” and the corporate seal impression; and (e) on the bottom of this public offering, the Defendants issued the promissory note in the name of each of the aforesaid public offering with the signature and seal affixed to “I” in the name of each of the aforesaid public offering with the signature and seal affixed to A, as if the Defendants were aware of it.

In addition, the Defendants conspired with each other from December 6, 2010 to December 23 of the same month in the form of endorsement in the name of G and I, which are the descriptions of the rights and obligations of promissory notes, three times from around December 6, 2010 to around December 23 of the same month.

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