beta
(영문) 서울남부지방법원 2012.12.27 2012고단4156

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 20, 1998, the defendant had been forced to stay in Japan on the ground of illegal stay, and had been sentenced to forgery of a passport to enter Japan again after he had been forced to enter Korea.

1. On March 198, 1998, the Defendant forged a public document, which was able to get a passport to enter the gambling house in Dongdaemun-gu Seoul dong, Dongdaemun-gu, Seoul. At that time, at the same time, the Defendant was able to ask B to see two photographs and make a passport. At the same time, the Defendant requested B to create a passport. B received a request from the Defendant and 500,000 won, and then the passport was forged by attaching the Defendant’s photograph to the passport on his name, using two copies of the Defendant’s photograph at an irregular place around that time.

Accordingly, the defendant, in collusion with B, forged a Korean passport in the name of the official document, for the purpose of uttering.

2. The Defendant, as described in paragraph (1), provided a forged passport of KRW 500,00,000, and used the forged passport as if he were issued a genuine passport to a public official conducting departure inspections from the immigration control office of the Kimpo International Airport located in Gangseo-gu Seoul Airport, Gangseo-gu, Seoul, for the purpose of departing from Japan in March 1998, while taking a review procedure for departure from the immigration control office of the Kimpo International Airport located in Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Status of individual entry or departure;

1. Examination report, such as a false or altered passport;

1. Application of the statutes governing copies of travel certificates;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered when there is no past record of punishment exceeding a fine);

1. Social service order under Article 62-2 of the Criminal Act;