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(영문) 인천지방법원 부천지원 2018.07.11 2018고단1257

사서명위조등

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

[Criminal Records] On June 20, 2018, the Defendant was sentenced to 10 months of imprisonment for a violation of road traffic laws at the Incheon District Court, and the said judgment became final and conclusive on the 28th of the same month.

[Criminal facts]

1. Illegal events of official documents;

A. On February 19, 2018, the Defendant requested the competent public official D to issue a written confirmation of the Defendant’s signature, and presented the Defendant’s identification card to the public official D, who was requested to present his/her identification card from the above D, as if he/she were his/her resident registration certificate, and presented his/her resident registration certificate as if he/she were his/her resident registration certificate.

B. On February 19, 2018, the Defendant requested the above D to issue one copy of the identification certificate, resident registration certificate, and family relation certificate, respectively, at the above D’s above community service center. On February 19, 2018, the Defendant presented the above D’s resident registration certificate as if he/she were his/her resident registration certificate and presented the E’s resident registration certificate as if he/she were his/her resident registration certificate.

2. On February 19, 2018, the Defendant: (a) requested the issuance of the documents listed in the above paragraph 1-B at the above community service center around 16:40 on February 19, 2018; (b) forged the signature of E with the name of “E” stated in the statement kept therein; and (c) issued the signature to the said D without knowledge of the fact as if it was genuine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A family relation certificate, a written confirmation of signature of the principal, the ledger to issue a signature of the principal, and a certified copy of the resident registration certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (the confirmation of concurrent crimes after Article 37 of the Criminal Act).

1. Relevant Article of the Criminal Act and Article 230 of the Criminal Act (the occupation of unlawful uttering of official documents, the choice of imprisonment), Article 239 (1) of the Criminal Act (the occupation of the signature of the company), Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of exercising the signature of the company in question) concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.