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(영문) 서울중앙지방법원 2015.04.09 2015고단942

공문서부정행사등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On October 30, 2014, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for a violation of the Trademark Act at the Seoul Central District Court, and the judgment became final and conclusive on January 24, 2015.

1. The crime committed on April 23, 2014;

A. On April 23, 2014, around 00:10 on April 23, 2014, the Defendant’s unlawful uttering of official documents: (a) sold fake items labels, etc. at the front store of Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Judicial Police RiD, etc., which belongs to the Jung-gu Seoul Metropolitan Government Office, and thus, at the same time, there is a concern that the same criminal power would be severely punished; and (b) the Defendant’s resident registration certificate, which was held in advance, presented that the Defendant’s pro-friendly E was the Defendant’s resident registration certificate, which is an official document, was illegally exercised the Defendant’s resident registration certificate under the name of the Han-nam market.

B. For the purpose of uttering at the time and place specified in the preceding paragraph, the Defendant: (a) requested the submission of relevant necessary documents, etc. on the ground that he/she sold counterfeit goods; (b) stated the relevant document in the name column of “E”; (c) stated the following as “E” and signed thereon: (a) the submission of a certificate of on-site criminal facts; (b) waiver of ownership; (c) statement; (d) list of voluntary submission of seizure; (b) the receipt of the certificate of seizure; and (c)

Accordingly, the Defendant, for the purpose of exercising rights and duties or certificates of fact, forged one of the above “written confirmation of criminal facts”, “written waiver of ownership,” “written statement,” “list of voluntary submission and seizure,” “written confirmation of receipt of a seizure certificate,” and “written confirmation of receipt of a written request for appearance”, which are private documents related to the above “written confirmation of criminal facts”, and exercised the same as if they were duly formed.

2. The crime committed on April 25, 2014;

A. On April 25, 2014, the Defendant’s unlawful uttering of official documents was investigated into the sale of counterfeit goods at the five-story market economy of the building in Jung-gu, Jung-gu, Seoul and the office in Jung-gu, Jung-gu, Seoul and the five-story market economy.

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