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(영문) 서울북부지방법원 2019.09.18 2019고단2561
공문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

1. Around April 26, 2019, the Defendant: (a) stated that “B Group Return was made on the first floor of the waiting room of the government office of the Macheon-si, Gyeonggi-si; and (b) “C” made payments to A for four (500 million) the unpaid and lost cost for the completion of the construction of the E-building construction to A, and made payments to D in a way that would not interfere with D’s smooth legal affairs; and (c) made payments on May 10, 2019, “The F Minister G of the Republic of Korea on April 10, 2019”; and (d) made three copies of other documents posted by the F Minister of Foreign Affairs on three occasions.

Accordingly, for the purpose of uttering, the Defendant forged the “request for assistance to the delayed payment of construction costs” under the name of the F Minister, which is an official document.

2. Counterfeiting of forged official documents;

A. On April 26, 2019, around April 26, 2019, the Defendant: (a) posted a forged “request for assistance to the delayed payment of construction costs” at the post office located in Seongbuk-gu Seoul, as described in paragraph (1), in an envelope; and (b) served the B Group C with a special class of the next-day wage.

B. On May 16, 2019, around May 16, 2019, the Defendant: (a) sent a forged “request for assistance to the delayed payment of construction costs” to B Group C by content-certified mail; and (b) exercised by allowing service thereof around that time, as described in paragraph (1) at the post office located in Seongbuk-gu Seoul Metropolitan Government.

Summary of Evidence

1. The police statement of H;

1. The application of e-mail replies and bags cans, outputs, content certification, cans file, B Group (I) total ear, and Acts and subordinate statutes governing civil petitions and inquiries on May 16, 2019;

1. Article 225 of the Criminal Act in relation to the facts constituting an offense, Article 229 and Article 225 of the Criminal Act;

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

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have forged a document under the name of the Minister of Finance, which is an official document.

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