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(영문) 인천지방법원 부천지원 2014.11.05 2014고단1220
유가증권변조등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 20, 2013, the Defendant changed securities: (a) as a de facto operator of the Defendant’s (main) EE office located in Seocheon-gu, Seocheon-gu, Nowon-gu, 101 Dong-gu, 707, the Defendant: (b) obtained from H and held an amount of KRW 50,00,00; (c) due date for payment; (d) September 17, 2013; and (e) one promissory note (I) with the place of payment; (d) the place of payment; and (e) the issuer; (e) without obtaining permission for the extension of the due date from H, despite the fact that the Defendant did not know that the payment date was due, J violated the number of promissory lines by using verification-type seals on the date on which the date on which the date of the payment date was indicated; and (e) as such, (e) the said blank was issued by H and then made an employee under the changed name of the Plaintiff’s receipt.

As a result, the Defendant modified one of the promissory notes, which are securities, without authority, for the purpose of exercising.

2. The Defendant, at the same time and place as Paragraph 1, issued and exercised a revised promissory note to J as if it were actually issued.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K, L and H;

1. Some statements concerning the suspect examination protocol of the defendant made by the prosecution;

1. Protocol of the police statement concerning G;

1. Written statements and additional statements;

1. Copies of each promissory note;

1. An agreement to discount a bill;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports, statements, etc.;

1. Article 214 (1) of the Criminal Act applicable to the facts constituting the crime (the alteration of securities), Articles 217 and 214 (1) of the Criminal Act (the point of exercising altered securities);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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