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(영문) 서울중앙지방법원 2013.06.19 2011고단7551

공문서위조등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2006, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul Central District Court and 2 years of suspended execution, and the judgment was finalized on October 10 of the same year.

【Criminal Facts】

1. Around July 2005, the Defendant forged public document: (a) around 2005, at the “B” tour office for the Defendant’s operation of the U.S. Luxembourg; (b) 40,000 U.S. dollars (an amount of 50 million U.S. dollars) and the Defendant’s photograph eight copies; and (c) the Defendant’s residence passport of the Republic of Korea under the name of the Minister of Foreign Affairs and Trade for the purpose of having access to a casino exclusively for foreigners in Korea (Article 6(1) of the Enforcement Decree of the Passport Act refers to a passport issued to a person with the purpose of residence among ordinary passports issued to emigrants under the Emigration (Article 6(1) of the Enforcement Decree of the Passport Act). Of those who wish to obtain a residence passport, a person who has the permanent residence right of the country at his residence (a long-term stay visa substituted by a country without the permanent residence system) or a immigration visa additionally submitted to the Minister of Foreign Affairs and Trade; and (d) a person who is deemed to require the issuance of a residence passport for reasons such as a marriage in a foreign country.

Accordingly, C has forged a passport under the name of the Minister of Foreign Affairs and Trade, which is an official document in the name of the U.S. official document, written as a document issued by the Korean official of the Republic of UNFCCC, in a manner that does not know the specific situation at that time.

2. Around August 21, 2005, the Defendant displayed a forged passport as stated in paragraph 1. at a casino located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) to the employee in charge of the issuance of a casino membership card and exercised it.

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