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(영문) 인천지방법원 2017.05.18 2017고단2099

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 Korean national of Chinese nationality.

1. On May 25, 2016, the Defendant: (a) entered the Republic of Korea as a visa on a short-term visit (C-3) on a short-term basis; (b) sought to change his/her status of stay in China from time to time to time while staying in the Republic of Korea to a visa (H-2); (c) on September 2014, the Defendant was sentenced to three-year imprisonment with labor for the crime of arranging sale of narcotics by the Cheong City court located in the Cheong City City of China; (d) when the Defendant was unable to obtain from the Chinese authority a certificate of non-crime necessary for the said application for the said change, he/she was willing to file an application for a visa change by forging the said document and submitting it

On August 8, 2016, the Defendant: (a) called a telephone call to a Chinese resident in China; (b) requested an application for the alteration of status of stay using a forged certificate and forged certificate to act on behalf of the Chinese resident in China; and (c) remitted KRW 500 of Chinese currency (Korean currency KRW 90,000) on behalf of the commission.

C, around that time, stated "D" in the name column, "D" in the sex column, "E" in the birth date, and "F" in the column of the identification card, and affixed a seal on the name of the official security state at the time of the Chinese roadside.

Accordingly, the Defendant, in collusion with C, forged a certificate of non-crime against the Defendant in the name of the public security station in China, which is a private document to prove facts, for the purpose of uttering.

2. On September 2016, the Defendant obstructed the exercise of the above investigation documents and the performance of a deceptive scheme’s official duties, and was delivered to the Defendant, who was forged as above, by C in China.

On October 10, 2015, the Defendant submitted a forged non-criminal certificate to a public official in charge of knowledge of such circumstances when applying for a change of the status of stay at the Suwon-si Immigration Office located on the half-ro 39, Suwon-si, Suwon-si, and at around October 13, 2016.