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(영문) 인천지방법원 2015.10.14 2015고단2915

공문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight 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. On December 2012, the Defendant forged a public document, a copy of the resident registration certificate borrowed from pro- C at an office in the construction site of Ansan-si, Masan-si, Masan-si, and copied it after attaching the Defendant’s photograph on the part of the copy of the resident registration certificate.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the resident registration certificate under the name of the head of Dong-gu Incheon Metropolitan City, which is an official document.

2. In the course of lending money from D at the same place as at the end of December 2012, the Defendant: (a) sent a forged resident registration certificate copy to D, who was asked to present his/her identification card; and (b) sent it by facsimile as if he/she was issued a genuine copy of the forged resident registration certificate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of forged resident certificate;

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Category 1 (Non-Business and Non-Organizational Sanction): Where a person who forges a forged document uses the forged document (Scope of recommendations) for 8 to 2 years;

2. Determination of sentence: The sentence shall be determined in the same manner as the order is, in consideration of the fact that the defendant for two years of suspended sentence in August is against the crime of this case, the fact that there is no record of punishment exceeding the fine, and other various sentencing conditions, such as the age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime.