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(영문) 서울남부지방법원 2015.11.13 2015고단4054

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

A copy of a seized passport (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On November 11, 2010, the Defendant was sentenced to six months of imprisonment with prison labor and six years and six months of imprisonment with prison labor at the Seoul Southern District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the above judgment was finalized on May 17, 2011.

【Criminal Facts】

1. On February 19, 2006, in collusion with B, the Defendant: (a) requested B to forge a passport from a new apartment in the name of the new apartment in his own city in his own city; and (b) around that time, B forged a passport under the name of the Minister of Foreign Affairs and Trade for the purpose of uttering by inserting a printed “C, D” in the personal information column of the passport name and attaching a photograph of the Defendant in a place where the Defendant’s photograph is attached.

2. Around February 20, 2006, the Defendant presented the forged passport to the public official in charge of entry and departure from the Incheon International Passenger Terminal Entry and Departure Station located as the coast wharf in Jung-gu Incheon, Jung-gu, Incheon, and the public official in charge of entry and departure who is not aware of the forgery while departing from China, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Status of individual entry or departure;

1. Previous convictions: Criminal records, investigation reports (the progress of prosecution cases and attachment of court rulings), court rulings, and application of Acts and subordinate statutes;

1. Articles 225 and 30 of the Criminal Act, and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Reasons for sentencing under Article 48(1)2 of the Confiscation Criminal Act [the scope of recommendation] : there is no basic area (8 to 2 months) (8 to 2 years) of types 1 (non-business, non-organization) including forgery, alteration, etc. of official documents / [the decision of sentence] / Although the defendant had been punished for the same kind of crime, he/she again again commits each of the crimes of this case even though he/she had the record of punishment for the same kind of crime, the nature of the crime becomes final and conclusive