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(영문) 서울중앙지방법원 2014.11.14 2014고단5697
공문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, while preparing for the application of the U.S. visa in order to employ the U.S. Compact female to D Taekwondo painting in Jeju, had the intent to forge another person’s listing of Taekwondo which is likely to be refused to issue as a visa due to lack of experience in Taekwondo.

On September 17, 2013, the Defendant: (a) 30th day of May 17, 2003, the Defendant, without authority, forged the list of another person’s Taekwondo in the name of F G, a private document concerning the certification of facts by using the Potototool program; (b) 4th day of May 17, 2003, when the Defendant entered the list of another person’s Taekwondo in the national university, Taekwondo personal playership, and at the national representative player selection conference of the Daegu 2003 Daegu Badones; and (c) by using the Pototool program, the Defendant forged the list under the name of F G, a private document concerning the certification of facts in the same manner as in the attached list of crimes.

2. On January 6, 2014, the Defendant filed an application for the issuance of the U.S. visa (O-1) with the U.S. office of the U.S. Embassy in the Republic of Korea located in 188 as Class III of Jongno-gu Seoul, and submitted to the staff of the U.S. Embassy in Korea, who is unaware of the circumstances, a forged 4 private document and official document as stated in paragraph 1, as if they were duly constituted.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the relevant data for visa applications (Provision of Embassy), and the application of the relevant statutes to output the suspect A e-mail transmission letter;

1. Relevant Articles 225 and 229 of the Criminal Act concerning the facts constituting an offense (the points of forging and uttering official documents), Articles 231 and 234 of the Criminal Act (the points of forging and uttering private documents, and the choice of imprisonment with prison labor for the crimes of forging private documents);

1. Crimes of uttering of each forged official document as stated in Articles 40 and 50 of the Criminal Act, between crimes of uttering of falsified official document, and between crimes of uttering of falsified official document with the largest punishment.

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