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(영문) 수원지방법원 평택지원 2018.07.13 2018고단530
공문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 the “C” in 604 of Pyeongtaek-si B Building.

On December 2, 2017, the Defendant received the permission to convert mountainous districts from E, which requested the Defendant to vicariously grant permission to convert mountainous districts of 4 times forest land in Ansan-si, and the Defendant received the permission to convert mountainous districts from E, and the Defendant received the permission to convert mountainous districts.

In order to make it trust, it has forged a certificate of permission receipt of the mountainous district in the name of the Ansan market and displayed it to E.

1. On December 22, 2017, the Defendant forged public document: (a) at the foregoing office around 10:30, the date of receipt of the receipt certificate of permission to implement small and medium river works issued by using a computer located therein; (b) “C” in the civil petition name column; (c) “C” in the civil petitioner’s column; (d) “C”; and “C” on the scheduled date of completion of the process; and (d) the competent processing department column attached the paper “the green belt and telephone number of the industrial economic country forest and (f)” to read “F” and then printed out the said paper by copying it by fraud.

Accordingly, the defendant has forged one copy of the receipt certificate of permission to convert the mountainous district under the name of the safe market for the purpose of exercising the official document.

2. At around 10:47 on the same day, the Defendant: (a) sent a forged receipt to E as described in the foregoing paragraph (1) by facsimile, as if the receipt was duly formed, as described in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. A written petition;

1. Application of Acts and subordinate statutes on receipt;

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 (the point of uttering of forged official document);

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. Reasons for sentencing under Article 62(1) (the following favorable circumstances) of the Criminal Act (the scope of recommendation) of the suspended sentence [the scope of recommendation] forgery, alteration, etc. of official documents, etc.

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