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(영문) 서울동부지방법원 2013.08.28 2013고단1446
유가증권위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around August 27, 2010, the Defendant forged securities in the column for face value of the promissory note purchased from Samsungdong EXE underground store at Samsungdong’s hotel located in Gangnam-gu Seoul on the second floor of the hotel, Gangnam-gu, Seoul, and forged a copy of a promissory note in the name of F, signed by F, in the column for payment date, stating “F” on January 31, 2011, “F” in the column for payment date, “F” in the column for payment date, and “F” in the column for the issuer’s column, and then forged a promissory note in the name of F.

2. In light of the fact that the Defendant was aware of the fact that H’s operation “I Hospital” in Gangnam-gu Seoul Metropolitan Government’s 2nd floor would deliver and distribute a promissory note to H, and exercised a promissory note in the F’s name as if it were duly formed, such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The statement of H in the suspect examination protocol against the accused;

1. The statement made by J in the second police interrogation protocol against the accused;

1. Statement of the police statement related H;

1. Application of the statutes governing forged promissory notes;

1. Articles 214 (1) and 217 of the Criminal Act concerning the crime;

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 on the suspension of execution (including the fact that counterfeited promissory notes are not distributed in the market, the fact that the defendant has not been punished for the same kind of crime, and the fact that the defendant reflects the wrongness);

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