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(영문) 대구지방법원 포항지원 2014.04.29 2014고단137
공문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. On June 30, 2004, the Defendant: (a) when he was forced to depart from Japan on the ground of an illegal stay in Japan, the Defendant requested a person who was unable to know his name to enter Japan (hereinafter “B”) to forge a passport; and (b) around October 2004, the Defendant issued a passport photo and price of KRW 7 million to a broer with the passport he introduced by the above B at the Bupyeong-gu Ma-gu coffee shop in Incheon City around October 2004.

In order to exercise the above passport in a French paper, C’s photograph was removed from C’s passport ( Passport Number D) without authority and the Defendant’s photograph was attached to it.

Accordingly, the Defendant, in collusion with a person who is not aware of his name (one name B), forged a passport under the name of the Minister of Foreign Affairs and Trade.

2. Around November 9, 2004, the Defendant presented a forged passport to an immigration examiner who is aware of the fact that he was undergoing a departure inspection in order to go to Japan at a port of Incheon Jung-gu Incheon, Jung-gu, Incheon, and used it.

3. Any citizen who intends to depart from the Republic of Korea outside the Republic of Korea shall undergo a departure inspection conducted by an immigration control official at a valid entry and departure port with a valid passport;

Nevertheless, on November 9, 2004, the defendant presented a forged passport to the immigration examiner who was a national of the Republic of Korea after undergoing the departure inspection from Incheon to go to Japan at the port of providing Incheon country.

Accordingly, the defendant left Korea to an area outside the Republic of Korea without undergoing departure inspections by immigration control officials.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (second right 19 pages of investigation records);

1. The current status of individual entry and departure (C);

1. Application of Acts and subordinate statutes on accusation of immigration offenders;

1. Relevant Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Article 229 and Article 229 of the Criminal Act for the crime.

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