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(영문) 대구지방법원 2018.04.10 2018고단778

공문서위조등

Text

A defendant shall be punished by imprisonment for one year.

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 a person who operates a photographer with the trade name "D" in Daegu Dong-gu C, and the "F" in the name of "E" is a disguised enterprise established to enhance the defendant's electronic bid bid rate.

On April 1, 2016, the Defendant registered a business operator with “F”, and registered the said “F” as a participant in a tender for Albama Alba, the Electronic Procurement System, which is managed by the Public Procurement Service around the fourth of the same month.

1. On April 6, 2016, the Defendant: (a) was selected as a first-class successful bidder by winning a bid for a producer at a G high school affiliated with the Daegu Metropolitan Office of Education in the name of “F” on the website of the “State Funeral” managed by the Public Procurement Service; and (b) the Defendant was selected as a first-class successful bidder.

G High Schools limited the eligibility to participate in the said bidding to an enterprise with “the results of production and delivery of a crime that has been produced at least one graduate from the High School during the last five years (from March 1, 2011 to February 28, 2016).” However, “F” did not have such results.

Accordingly, the defendant had a mind to forge the certificate of performance of production in the above G High School.

On April 2016, the Defendant copied the official seal of the principal of H, etc. by photographing a photographic document verifying the record of production in the name of the principal of H, which the Defendant supplied H elementary school under the name of “I” to H elementary school in the name of “I,” and then printing it in the name of the principal of H, and then printing it into “F”, “E”, “J”, and “J” in the name of the representative of the company using the Pototool program.

Accordingly, the defendant, for the purpose of exercising, forged a letter of certification of performance of production in the graduates' name, the name of the principal of H, which is a public document.

2. The Defendant’s uttering of forged official document is in the G High School administrative office located in the Seogu Daegu-gu, Daegu-gu, on April 2016, in the name of the principal of the H elementary school who was forged as described in paragraph 1.