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(영문) 수원지방법원 2014.05.28 2013고단7312 (1)

사문서위조등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, B, C, and D conspired to report the birth of a baby born (hereinafter “Vietnam son”) between the married couple of Vietnam who illegally stays in the Republic of Korea, as if they were D’s children.

Accordingly, B around February 2013, at its own house located in Gyeyang-gu Incheon, and around December 21, 2012, around December 21, 2012, B prepared a copy of the birth certificate to the effect that “A testimony (license number I) is proved by the doctor H (license number I) that he was born between D and G from the above F father and son,” and affixed the seal in the name of F father, son and H prepared in advance.

After that, around March 6, 2013, D submitted to the public official in charge as if he/she was a document prepared with a false report of birth that entered the above son's name J or father D as if he/she was his/her own child, and as if he/she was a document prepared with a false report of birth, D entered the reported matters into the family relation register system which is the same electronic records as the original copy of the notarial deed at that time. A public official who is not aware of such circumstances, then entered the reported matters into the notarial deed registration system which is the same as the original copy of the notarial deed and made the above system operated.

In this way, in collusion with B, C, and D, the Defendant, without authority, forged a birth certificate in the H’s name, which is a private document concerning the certification of facts, and exercised the certificate by having recorded false facts in the public electronic record.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C in the first trial record;

1. Each police suspect interrogation protocol regarding D;

1. The police statement of K;

1. Application of Acts and subordinate statutes to police investigation reports (the Nos. 13 through 15, 29, 30 of the evidence list);

1. The point of uttering of private documents related to criminal facts: Articles 231 and 30 of the Criminal Act: The point of uttering of private documents related to criminal facts: Articles 234, 231, and 30 of the Criminal Act and the point of false entry such as public electronic records: Articles 228(1) and 30 of the Criminal Act.