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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 2015, the Defendant received a demand from B to write a promissory note as a collateral for the above obligation, while the Defendant was liable for a debt of KRW 40,00,00 from B, with the intent to forge a power of attorney and a promissory note in the name of C using a certificate of personal seal impression with the head and a certificate of personal seal impression.
1. On October 27, 2015, the Defendant forged private documents: (a) at the office of law firm, a notary public of which 301 was made of ratification No. 294, Seopo-gu, Incheon, Seopo-gu, 294, and (b) at the office of law firm, the Defendant entered “A”, “A3 Dong 401, Incheon,” “C”, “C and A” in the column of the issuer of the bill; and (c) entered the name of “C” as indicated in the delegating column.
C's seal impression has been stamped.
Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of C, a private document on rights and obligations.
2. At the time, place, as stated in the above 1.1. paragraph, the Defendant forged securities: (a) the Defendant was previously holding in advance the name of the said C in the form of Promissory Notes stating B as “B” and “C” in the payee’s column; (b) the face value column; and (c) the issuer’s column as “C.”
C's seal impression has been stamped.
Accordingly, for the purpose of exercising, the Defendant forged a promissory note in the name of C, which is a security.
3. The Defendant, at the time, at the time, at the place specified in the foregoing paragraph 1., and at the same time, at the place specified in the foregoing paragraph 1.1. and the foregoing paragraph 1. and 2. The proxy letter and the Chapter 1 of the Promissory Notes Act, who knew of the forgery, exercised each of them as if they were genuinely prepared to the employees in charge of the notarial acts of the office of “Korean law.”
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of a bill of lading process certificate, power of attorney, and statutes;
1. Article 214 of the Criminal Act concerning criminal facts and the choice of punishment.