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(영문) 수원지방법원 안양지원 2012.09.12 2012고단775
유가증권위조등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. From the beginning of November 201, the Defendant: (a) carried out in advance the name of the business operator in G, “E, F company G, H, wholesale retail, food milk, and miscellaneous” without authority for the purpose of exercising the Defendant’s right in D’s operation, which was located in Jung-gu Seoul, Seoul, Seoul, Seoul, with the aim of exercising the Defendant’s right in D; and (b) forged four copies of securities, such as the entry in the attached list of crimes, by forging the name of “E, F company G, Seoul, Jung-gu H, G, food milk, and miscellaneous; (c) affixing the Defendant’s face value “20 million won”; (d) affixing the check number I; and (e) affixing the check number I; and (e) affixing the G’s seal in his name, thereby forging the endorsement of the number of shares, which are securities, as indicated in the attached list of crimes.

2. On February 28, 2012, the Defendant: (a) delivered 3 copies of each forged number of units and one promissory note to J, which may not know that the endorsement of the said number of units and promissory note was forged in the foregoing D; and (b) exercised each of them as if they were genuinely written.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to G and J

1. Article 214 (2) and (1) of the Criminal Act; Articles 217 and 214 (2) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual crimes of uttering of forged securities at the time of sale);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by adding concurrent crimes are as follows: (a) the Defendant forged an endorsement of three per share of 100 million won in total in face value and one promissory note; and (b) thereby causing considerable property damage to the J that acquired it; (c) the Defendant’s sentence of imprisonment is inevitable.

However, the punishment shall be determined by taking into consideration the favorable circumstances of the defendant, such as the fact that the defendant was the first offender, and that his mistake is repented in depth, and considering the fact that the defendant is currently receiving air cancer treatment on April 10, 2012 as a patient with the three above cancer, it shall be additionally treated.

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