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(영문) 서울중앙지방법원 2018.07.11 2018고단2628

공문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In 2005, the Defendant, as a Chinese ship’s origin, acquired the nationality of the Republic of Korea after naturalization, and subsequently was unable to enter the Korean-only casino for foreigners, the Defendant attempted to forge a foreigner registration certificate with the intention to enter the foreigner-only casino for foreigners.

On September 21, 2009, the Defendant: (a) requested a Chinese person (hereinafter referred to as “C”) with a name-free Chinese (hereinafter referred to as “the name-free Chinese) to create a foreign registration certificate to enter the casino business in Korea; (b) delivered a copy of the foreign registration certificate under the name of his female-free Chinese (hereinafter referred to as “D”) and a copy of the defendant’s verification photograph; (c) around that time, the name-free Chinese (hereinafter referred to as “the name-free foreign registration certificate under the above D”) forged a foreigner registration certificate under the name of the Defendant’s photograph on the foreign registration certificate under the above D’s name; and (d) issued it to the Defendant.

Accordingly, the defendant, in collusion with the above person without authority, forged a foreign registration certificate which is an official document without authority for the purpose of exercising.

2. On September 22, 2009, the Defendant: (a) entered the country with a forged alien registration certificate as before entering the country; and (b) around September 28, 2009, at “F casino”, a business establishment exclusively for foreigners located in Gangnam-gu Seoul Metropolitan Government E, proven that the Defendant is a foreigner; (c) presented the forged alien registration certificate to the said casino operator on his/her name in order to enter the said casino and use it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A forged copy of foreigner registration certificate;

1. Application of seizure records and statutes concerning the list of seizure;

1. Articles 225, 30 (the occupation of the same Article on official documents) and 229 and 225 (the occupation of uttering of forged official documents) of the Criminal Act concerning criminal facts;

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

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.