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Reasons
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(영문) 수원지방법원 2015.02.12 2014고단1992 (1)
공문서부정행사
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, together with C, has operated the livestock product sales business in the name of “E” in “E” in “E”, and the business registration was made in C’s name.

On June 4, 2013, when C departs from the Republic of Korea and stays in China, the defendant was subject to the control of the charges of violating the Livestock Products Sanitary Control Act at the above E office. On June 12, 2013, the defendant and C conspired to undergo an investigation by committing the defendant's act as C, and accordingly, C sent his passport and alien registration certificate to the defendant around that time.

On July 15, 2013, at the entrance of the Suwon District Prosecutors' Office around 14:00, the Defendant issued a foreigner registration certificate with regard to C in the name of the head of the office of branch office in the Incheon Immigration Office as if he/she was an alien registration certificate with regard to himself/herself. On July 23, 2013, the Defendant presented a foreigner registration certificate with regard to C in the same manner at the same place.

In this way, the defendant, in collusion with A, has committed each unlawful use of official document.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Photographs of foreign registration certificate;

1. Each registered alien card;

1. A copy of each protocol of examination of suspect (as evidence Nos. 5 and 6) applicable to statutes;

1. Relevant Articles of the Criminal Act and Articles 230 and 30 of the Criminal Act concerning the crimes. Article 230 (Selection of Fine)

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. All circumstances, including the fact that the defendant's erroneous reasoning for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is recognized, and the defendant has no record of committing the crime in the Republic of Korea until he committed the crime in this case by regulating it as above.

1. The summary of the facts charged is at the above E office around June 4, 2013.

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