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(영문) 서울남부지방법원 2017.02.13 2015고단5392
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On September 7, 2007, the defendant was sentenced to four years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the execution of the sentence was terminated on May 30, 201. On September 18, 2014, the Seoul Southern District Court sentenced the defendant to one year and six months of imprisonment for a violation of the Financial Investment Services and Capital Markets Act, and the judgment was finalized on March 20, 2015.

[Criminal facts]

1. On April 2014, the Defendant forged a “certificate of personal seal impression” in the name of Gangnam-gu Seoul Metropolitan Government Chapter D, which is a public document to certify that the seal imprint in the name of B (resident registration number C) is registered in a public office for the purpose of uttering at a non-police site, and that the Defendant forged a “certificate of personal seal impression.”

2. Forging a private document;

A. On April 2014, the Defendant forged the “Contract for the Transfer of Rights and Duties” under the name of “B, a private document, with respect to the rights and duties of transferring the title to E, “The 10,000,000,000 won, which is a separate type of new shares for non-guaranteed private placement of the next non-registered interest coupon (the total face value 10,000,000,000,” which is the first non-registered interest coupon issued by the Defendant.

B. On April 201, 2014, the Defendant: (a) committed an act of delegation under the name of B, a private document, on the rights and duties of delegation of the authority to transfer bonds owned by the said B, to E, at a non-sceptic place; and (b) the Defendant committed an act of delegation.

(c)

On April 1, 2014, the Defendant, at a non-sceptic place, set the “transfer site” in the name of B, a private document, concerning the rights and duties of transferring bonds owned by the above B, to E, for the purpose of exercising.

(d)

On April 1, 2014, the Defendant transferred corporate bonds, which are new shares owned by the said B, to E for the purpose of exercising, and received KRW 200,00,000 as the transfer proceeds, at a non-scriptive place, the “certificate of receipt” in the name of B, which is a private document on the proof of the fact that he received KRW 20,00,000.

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