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(영문) 인천지방법원 2013.07.04 2013고단3190

공문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn;

Nevertheless, on June 12, 2007, the Defendant, a national of the Philippines, entered the Republic of Korea with a visa for non-professional employment (E-9) around June 12, 2007, and stayed beyond the sojourn status or sojourn period until May 29, 2013.

2. After the expiration of the period of sojourn, the accused has taken a mind to forge an alien registration certificate in order to prepare for the crackdown on illegal aliens;

Around February 15, 2012, the Defendant heard from “C” the phrase “C” with a false personal identification card forgery so as to be forged, and asked C to forge a foreign registration certificate. The Defendant requested C to forge a foreign registration certificate.

The defendant in his/her own foreign registration certificate and 1,500 pages to C, and C, around that time, shall enter the defendant's photograph and personal information on the front of plastics similar to the size and shape of his/her foreign registration certificate in the Republic of Korea, and shall enter his/her back on April 11, 2014 the period of stay in the name of the head of the former Immigration Office at will.

Accordingly, the defendant, in collusion with a forged identification card C, forged one foreign registration certificate which is an official document without authority for the purpose of exercising his/her authority.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Seizure records;

1. Recording the forged alien registration certificates’ pictures and records of immigration offenders;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense: Article 225 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act, Article 30 of the Criminal Act;

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

1. Suspension of execution: Article 62(1) of the Criminal Act that the criminal defendant is all prosecuted;