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(영문) 인천지방법원 2016.07.21 2016고단3292

공문서위조등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who enters the Republic of Korea on November 12, 2004 and stays illegally in the Republic of Korea beyond the period of sojourn even after the period of sojourn expires on November 12, 2008.

1. When there is a concern that the accused of the forgery of an official document is likely to be exposed to crackdown while illegally staying in Korea, he had the intention to use a forged identification card.

On February 2, 2012, the Defendant: (a) in a Chinese restaurant where the trade name in the Osan City, which is located in the Gyeonggi City, could not be known; (b) requested to create a fake identification card to C, who is a forgery of identification card; and (c) delivered a copy of his photograph.

Accordingly, C sent the Defendant’s photograph to Broker in the name in China, and requested the forgery of a foreigner registration certificate. At around that time, C put the Defendant’s personal information and the Defendant’s photograph into plastics similar to Korea’s foreigner registration certificate and its size and shape, and then sent C through international mail on June 12, 2012, to F’s residence in Gyeonggi-si E.

As a result, the Defendant forged a foreign registration certificate of the Republic of Korea, which is a public document, without authority, for the purpose of uttering in collusion with C, a false personal identification card forgeryer, in sequence.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Although the period of stay expires on November 12, 2008, the defendant, a Chinese national foreigner, resided in the Republic of Korea without the status of stay from the next day to June 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor with respect to F and D;

1. Seizure records;

1. To search a forged copy of an alien registration certificate, a copy of the international postal bag, an investigation report (a search of an inner recognition system for a person on the photograph of a foreign registration certificate);