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(영문) 대구지방법원 영덕지원 2018.09.19 2018고단167
공문서위조등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2017, the Defendant forged official document: (a) issued at the Defendant’s house located in Ulsan-gun, Ulsan-gun, and around June 30, 2016, and then stored in the custody, can cans the certificate of tax payment (tax payer D and issuance number: E) under the name of the head of the Yeongdeungpo-gu Tax Office where he was under custody; and (b) from the “date of issuance of cans image by using a computer program” to the “date of November 7, 2017” from the “date of issuance of the cans image” to the “date of July 30, 2016” to the “date of July 30, 2016,” and then printed it to the “date of December 6, 2017”; and (c) at that time, changed the entry of the certificate of tax payment by the same method as the list of crimes in the attached Form three times.

Accordingly, for the purpose of uttering, the Defendant forged three copies of a tax payment certificate on D, a corporation under the name of the head of the Yeongdeungpo-gu Tax Office, which is an official document.

2. On November 2017, the Defendant used a forged official document in the same manner three times in total, as indicated in the list of crimes in the attached Table, at the sports promotion establishment located in 717, the name of the employee belonging to the sports promotion establishment whose name is unknown, by submitting and using a falsified official document, as if the relevant official document was actually issued, to the employee belonging to the sports promotion establishment whose name is unknown, and at the same time, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. A written accusation;

1. Application of Acts and subordinate statutes on requests for cooperation in investigation, replies following requests for cooperation in tax payment, certificates of tax payment, copies of tax payment, replies following requests for a certificate of tax payment, replies following requests for confirmation as to whether to issue a certificate of tax payment, replies to requests for confirmation as to whether to issue a certificate of tax payment, answers to requests for dispatch of details of the issuance of a certificate of tax payment, factual verification, certification of payment details

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 of the Criminal Act:

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