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(영문) 광주지방법원 순천지원 2016.07.20 2016고단607

공문서위조등

Text

A defendant shall be punished by imprisonment for four 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

The defendant is the general director of the Dispute Resolution D, which is in net City C.

1. On May 11, 2015, the Defendant forged official document: (a) requested the foregoing D office to issue a certificate of full payment of national taxes on D for loan use by E; (b) stated the letters in other documents; (c) stated D’s trade name in the column of the certificate of tax payment issued and kept in the name of the F in the name of the head of the L/C office; and (d) stated H’s name and address column in the business operator’s name and address column in the business operator’s name and address column, respectively.

Accordingly, for the purpose of uttering, the Defendant forged a tax payment certificate under the name of the head of a female tax office which is an official document.

2. Around 15:27 on the same day, the Defendant sent a false public document certificate to I by facsimile at the above D office of the Korea Credit Guarantee Fund 1,000.

Accordingly, the defendant exercised forged official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made by the police for E;

1. Relevant documents, such as copies of forged tax payment certificates, originals of tax payment certificates, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 225 of the Criminal Act (the occupation of Article 25 of the Official Document) applicable to the facts constituting an offense, Articles 229 and 225 of the Criminal Act (the occupation of uttering of forged official document);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [type determination] In the case of forgery, alteration, etc. of official documents (non-business, non-organizationed) types 1 (special sentencing factors): mitigated factors: [Determination on the recommended range] mitigated area [the scope of recommending punishment] from April 1 to 1 year [the scope of recommending punishment] Defendant confession, rebuttals, and social risks are not realized, and there is no history of punishment heavier than the suspended sentence for the past 10 years.