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(영문) 광주지방법원 2021.02.24 2020고단3117

공문서위조등

Text

A defendant shall be punished by imprisonment for 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

1. On July 26, 2019, the Defendant of a public document forgery: (a) participated in the auction by Dong C, the representative of the construction company B (State) and requested the court to act on behalf of the contracting party for the bid of E-securities; and (b) entered “I (State)” as “I (State) by taking part in the auction of E-securities (G) in the name of Gwangju East-gu, Gwangju-gu, and received the bid of the said investment securities, despite the fact that he/she was entitled to receive the bid of the said investment securities in the name of “H (State),” around July 26, 2019.

For the purpose of exercising, the defendant has forged the auction protocol on the movable property, which is an official document prepared by the J enforcement officer of the Gwangju District Court.

2. On July 26, 2019, the Defendant: (a) sent an auction protocol by mail to D, who is aware of the forgery, of the forged public document, as in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made to K in the police statement;

1. The application of Acts and subordinate statutes to the auction protocol for each unit of movable property;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Counterfeiting of Official Documents) [Type 1] Disorder of the Forgery, Alteration, etc. of Official Documents, etc. [Type 1] Disorder of Non-Business and Non-Organizational (Special Sentencing Person): Reduction Area of mitigated punishment (the territory of recommendations and the scope of recommendations) where there are particularly extenuating grounds for motive of the crime; 4 months to one year;

B. Second Crimes (the use of forged official document) (the use of forged official document). < Amended by Act No. 1038, Jan. 1, 01>