beta
(영문) 전주지방법원 2013.06.20 2013고단1126

사문서위조등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 25, 2012, the Defendant forged private document documents: (a) at D University psychological office located in Seojin-gu, Seojin-gu; (b) at D University psychological office located in Seojin-gu, Seojin-gu; (c) using the gap in which E professor, a guidance professor, recommended the issuance of U.S. visa to his study in the United States; (d) written a letter of recommendation on April 25, 2012, as E professor recommended the issuance of U.S. visa to his study in the United States; and (c) printed it by means of a computer; and (d) presented it to Professor who is unaware of the fact, and affixed a seal by E professor.

The defendant had the above assistant instructors believe that the defendant's speech is true, and had the professor's seal kept in the department office take it out and affixed a seal on the letter of recommendation.

Accordingly, the defendant, without authority, forged a letter of recommendation to the defendant in the name of the professor of D University, which is a private document related to a certificate of fact.

2. At around 12:00 on May 4, 2012, the Defendant: (a) applied for visa in the consular state of the Embassy of the United States of America in Jongno-gu, Jongno-gu, Seoul; (b) issued a forged letter of recommendation to the consular officer in charge of the consular affairs of the Embassy of the United States of America who knew of the forgery; (c) exercised it as if it was a document duly formed; and (d) interfered with consular affairs of the U.S. Embassy in charge of issuing visa in Korea

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of a letter of recommendation of researchers of thesis, a letter of recommendation of professors, and a report on internal investigation (acquisition of visa documents from the U

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, Articles 314 (1) and 313 of the Criminal Act, the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant committed the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order.