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(영문) 서울남부지방법원 2019.08.21 2019고단1763

사문서위조등

Text

A defendant shall be punished by imprisonment for six 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

On August 31, 2006, the Defendant, as a foreigner of Chinese nationality, was forced to leave on August 31, 2006 while staying in the Republic of Korea without legitimate status of stay, and entered the Republic of Korea on May 9, 2010 using a name-based passport issued from China through Brazil.

Accordingly, while living in the name of B, the Defendant used a false passport to obtain Korean report card and driver's license for a foreign nationality Korean.

1. Crimes concerning applications for issuance of Korean address report card to foreign nationality Koreans;

A. On April 2, 2014, the Defendant forged private documents and uttering of the falsified Private Document: (a) around 151, the Seoul Nam-dong, Yangcheon-gu, Seoul Metropolitan Government Office for Entry into and Departure from the Republic of Korea; (b) “C” in the name column; (c) “B” in the name column; (d) “B” in the applicant column; and (c) “D” in the applicant column; and (d) in the name column; and (d) in the name of B obtained through the above report (application) and “B” in advance, the Defendant issued a false passport under the name of B, who is aware of the forgery, to an employee under the name of the Seoul Southern Immigration Control Office and Foreigner’s Office.

Accordingly, for the purpose of exercising authority, the defendant forged a report (application) in the name of D, which is a private document, and used the above report (application) and a false passport which is a forged private document.

B. The Defendant of obstruction of performance of official duties by fraudulent means is above.

On April 18, 2014, a foreign nationality Korean in the name of B was issued a report card of domestic place of residence in the name of foreign nationality Korean at the time and place of entry in the port, when he/she took place as B, and he/she took place as if he/she were B.

As a result, the defendant interfered with public officials in charge of issuing Korean report card to foreign nationality Koreans belonging to the Seoul Southern Branch of Immigration and Foreigner Office.

2. Crimes involving the acquisition of driver's license.

A. The Defendant is located in Seoul E around December 9, 2014.