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(영문) 부산지방법원 2015.09.09 2015고단3112
유가증권변조등
Text

A defendant shall be punished by imprisonment for one year.

However, 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. Crimes related to promissory notes C:

A. A. Around June 2, 2014, the Defendant entered the date of payment by using a c. face value 30 million won, issuer GF H, and a promissory note c. c., face value 30 million won, which was delivered from F for the purpose of exercising the right on the roads of the Victim E located in Busan So-gu, Busan, and then c. from June 30, 2014 to August 30, 2014.

Accordingly, the Defendant altered the date of payment, which is a statement on the rights and obligations of promissory notes, which are securities.

B. When requesting the victim E to deliver a promissory note at the time, time, place, and place under the preceding paragraph, the Defendant: (a) delivered one promissory note, the due date of which has been altered, as stated in the preceding paragraph, as if it were duly established; (b) said note is discounted by the victim; (c) said date, the Defendant received 19.6 million won from the bank account in the name of the Defendant I (J) and appropriated the remainder to repay the Defendant’s existing obligations.

In this respect, the defendant exercised the altered securities, and acquired financial benefits equivalent to 28.8 million won from the victim's bill discount.

2. Crimes related to the K of Promissory Notes:

A. Around June 9, 2014, the Defendant entered the date of payment by using a tamplology on July 30, 2014 through September 30, 2014, with a bill number K, face value 30 million won, and a note h in the issuer G farmsan, which was issued by F for the purpose of exercising the above victim E’s right on the road. The Defendant entered the date of payment from July 30 to September 30, 2014.

Accordingly, the Defendant altered the date of payment, which is a statement on the rights and obligations of promissory notes, which are securities.

B. The Defendant: (a) requested the victim E to deliver a promissory note at the time, time, place, and place under the preceding paragraph; (b) as if the due date had been duly formed, one of the promissory note, the payment date of which has been altered, shall be delivered as if it were actually constituted; and

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