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(영문) 수원지방법원 2014.10.22 2014고단1992

공문서부정행사

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, together with C, has operated the livestock product sales business in the name of “E” in the Silung City. The business registration was made in the name of the Defendant.

C around June 4, 2013, when the defendant left Korea and is staying in China, the above E office was subject to control due to the suspicion of violating the Livestock Products Sanitary Control Act. On June 12, 2013, the defendant and C conspired to undergo an investigation by committing the act as if the defendant were the defendant. Accordingly, the defendant sent his passport and foreigner registration certificate to C around that time.

C In accordance with the above public offering, around 14:00 on July 15, 2013, at the entrance of the Suwon District Prosecutors' Office, the public official in charge requested to present his/her identification card to the defendant under the name of the head of the office of branch office in the Incheon Immigration Control Office as if he/she was an alien registration certificate for himself/herself, and even around 16:00 on July 23, 2013, the public official presented his/her alien registration certificate to the defendant in the

In this way, the defendant, in collusion with C, has committed each unlawful use of official document.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Photographs of foreign registration certificate;

1. Each registered alien card;

1. A copy of each protocol of examination of suspect (as evidence Nos. 5 and 6) applicable to statutes;

1. Relevant Articles of the Criminal Act and Articles 230 and 30 of the Criminal Act concerning the crimes. Article 230 (Selection of Fine)

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. All circumstances, including the fact that the defendant's erroneous reasoning for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is recognized, and that there was no record of committing a crime in the Republic of Korea until the defendant was prevented from committing the instant crime, etc.