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(영문) 창원지방법원 2017.03.22 2016고단4202

공인위조

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

While the Defendant operated a tobacco gas station in Changwon-si C, and supplied milk to E elementary schools located in Changwon-si D from March 2015, the Defendant knew that the milk supplied to the government office can be supplied at a lower price than that supplied to a place other than the government office, and attempted to forge the official seal in the name of E elementary school in order to report the milk supplied to the head office other than the government office as if it was supplied to E elementary school.

On October 2016, 2016, the Defendant found a seal producer G (operator: H) in F in Changwon-si, and displayed a certificate of milk supply issued normally by E elementary schools in respect of the past, and requested H to produce a seal in the same shape as the official seal affixed thereon, and caused H to produce the seal in the name of E elementary school.

Accordingly, the defendant forged the seals of public offices for the purpose of exercising them.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is that of the former sentence of six months: Imprisonment with prison labor for six months or a suspended sentence of two years: Reasons for reduction, such as influence of the liability for the crime of using trust in the official seal: Facts that the confession and exercise have not come to a confession and exercise, facts that the punishment has not been committed for the same kind of punishment or imprisonment without prison labor, and absence of previous conviction (two times of fines for violation of the Road Traffic Act in the past);