2016Nodu67 Ga. Forgery of private documents

(b) Exercising a falsified investigation document;

(c) Forgery of public documents;

1. (a) A;

2. A. (c) B

○○ (Lawsuits) and ○○ (Public Trial)

Attorney ○○○ (or a national ship for all of the Defendant)

April 8, 2016

Defendant A

A defendant shall be punished by imprisonment for not less than six months.

Defendant B

Defendant B shall be punished by imprisonment for one year.

Seized evidence Nos. 1, 2, 3, 8, 9, 10, 23, and 27 shall be confiscated from Defendant B.

Criminal History Office

1. Defendant A

A. On November 201, 2010, at the Hansung Trading Business Center located in California, California, Luxembourg, where it had sexual traffic and had it returned to the Republic of Korea due to the expiration of the term of stay of the United States, and upon the expiration of the term of stay of the United States, the PrivacyC requested the ○○○○, a personal information bropier to forge the application document in order to continue sexual traffic while staying for a long time with the U.S. visa, and received the Defendant’s contact information, “the document forgery of Korea and the ○○ Study.”

On February 2, 2011, the Defendant, at the “○○○ Study Center” located in the Seoul ○○○-dong, Seoul ○○○○-dong, provided that the Defendant would forge the certificate of employment necessary for the application of the U.S. study visa from the above C and receive KRW 420,000 in money.

At around March 7, 2011, the Defendant deposited KRW 420,000 from C, and without authority, deposited KRW 420,000 from C, “C served as the head of the business office in the company of Lee○-dong located in ○○-gu Seoul Special Metropolitan City from January 2, 2001 to January 20, 2010.” The Defendant prepared a certificate of employment and affixed ○○○’s seal which was made in advance.

Accordingly, the defendant, in collusion with C, OO which is a private document related to a certificate of fact for the purpose of uttering.

○ The certificate of employment (in the absence of representative) was forged.

(b) Exercising a falsified investigation document;

On March 9, 2011, the Defendant delivered to the above C a forged certificate of employment as set forth in Section 1-A, at a coffee shop in and near the Republic of Korea, Jongno-gu, Seoul Embassy in C, and C submitted a forged certificate of employment to a consul and staff of the U.S. Embassy in Korea at around 16:0 on the same day, as above, as if the above was a document duly formed, at around 16:00, to a consul and staff of the U.S. Embassy in Korea.

Accordingly, the defendant, in collusion with C, used a forged private document.

2. Defendant B

(a) Forgery of an official document;

On September 18, 2014, the Defendant requested the issuance of a certificate of graduation necessary for the application of Japan from ○○ High School (OOO), '○○ High School' (1000 - 00 - 000 - 0000 in name column, '○○○○○○○' in name column, '○○○○00 in resident registration number column', '○○○○○○00 in name column, '○○○○○○○○0 in school name column', '○○○○○○ in school name column, '○○○○○○ high school in school column', '○○ high school in school column', and '○○○ high school in the lower end' in 190, 'I prove that I graduated from the process before October 190.'

Accordingly, in collusion with ○○○○○, the Defendant forged a certificate of graduation in the name of ○○ High School, an official document, for the purpose of uttering.

B. Around September 4, 2012, the Defendant forged private documents (1) at the above Defendant’s residence and requested the forgery of a certificate of graduation necessary for D’s application from the above Defendant’s Japanese visa; “○○ University’s name column; “D” on the date of birth in October 1900; “○○○ University’s date of birth in October 1900”; “on the date of graduation in October 1900”; “on the date of graduation in October 200; “on the date of graduation in October 200; “ on the date of graduation”; “○○○○ University’s number column”; “on the date of graduation in October 200; “ on the date of graduation 200 (school)”; “ on the date of graduation ○○ University’s major; “ on ○○ University’s name in Jeju major column; and on the date of ○ University’s signature in October 20.”

Accordingly, the Defendant, in collusion with the ○○○○○○, forged a certificate of graduation from the name of the president of this ○ University, which is a private document pertaining to a certificate of certification of fact.

(2) On August 19, 2013, the Defendant: (a) was requested to forge an employment certificate necessary for the application of Japan by F to Japan; (b) was placed in the name column of ‘OOO' in the form of ‘E'; (c) ‘OOOO' in the address column; (d) ‘OOO' in Seoul Special Metropolitan City, Jung-gu ○○○○○○○○○○○○; (e) on October 2000; (e) on October 19, 200; (f) on the position column; (f) on the part of the above Defendant’s residence; and (f) was placed with the seal of ○○○○○○○○.

Accordingly, the Defendant, in collusion with F, forged a certificate of employment in the name of ○○○ (Representative G), which is a private document regarding a certificate of fact for the purpose of uttering. (3) On August 20, 2014, the Defendant: (a) around F, at the residence of the above Defendant, requested H’s mother required for the application of H’s Japanese visa, to forge an I’s certificate; (b) on F’s name column of the certificate of employment; (c) on the address column of “OOOOOO consulting”, “on the address column of Dobong-gu Seoul Metropolitan Government - ○○○○○○○○○○○○○,” “director on the title or position column of Dobong-gu; and (d) on the period column of 1900 through 00, 200, ○○○○○○○○○○, respectively, made a prior consultation on the name and address of ○○○○○○○○.

Accordingly, the Defendant, in collusion with F, forged a certificate of employment under the name of ○○○○○ (Representative J), a private document concerning a certificate of fact for the purpose of uttering.

Summary of Evidence

1. Defendants’ respective legal statements

1. Seizure records;

1. Each report on investigation;

Application of Statutes

1. Relevant Articles 231, 30 (Forgery of Private Document, Imprisonment), 234, 231, and 30 (Uttering of Private Document, and Imprisonment) of the Criminal Act;

Defendant B: Articles 225 and 30 of the Criminal Act (Forgery of Public Document), Articles 231 and 30 of the Criminal Act (Forgery of Private Document, Imprisonment)

1. Aggravation of concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Confiscation;

Defendant B: Article 48(1) of the Criminal Act

* No. 27, which was offered to the largest (Defendant A’s criminal act) of the judgment, was confiscated from Defendant B. However, since Defendants co-owned or acquired by Defendant B with the knowledge of the fact, it can be determined as the goods (founded grounds: seizure in apartment buildings where the Defendants live together and jointly run study institute) and the prosecutor’s opinion was accepted and confiscated from Defendant B.

Grounds for sentencing

Defendant A

/ Sentencing Criteria

○ Special Doctrine of Private Document : None

A general person on clause: Aggravation (in case of exercise, previous convictions for the same kind)

Belgium Recommendation : Basic area (6 months to 2 years)

Do Governor's suspended execution: A negative (not less than twice of suspended execution)

○ Exercising a falsified investigation document (not being treated as a majority of crimes but to be treated as a sentencing factor for forged crimes)

4. Sentence: Imprisonment with prison labor for two years: Imprisonment with prison labor for six months;

The sentencing guidelines set by the Supreme Court's sentencing committee and the following sentencing factors, including the defendant's age, character and conduct, family environment, are equally examined.

○ A person under way: the nature of the crime (for the purpose of profit), accumulation of criminal records of the same kind, and the fear of a crime that has an influence on the national interest and the convenience of the people due to the crime, etc.

○ A mitigated person: Confession, one time for a forged crime, and the son of a re-born child, etc.

Defendant B Sentencing

○ 1 Crimes (Counterfeiting, altering, etc. official documents, etc.)

A special person on e.g. special person: None applicable;

In general terms: Aggravation factors (using specialized equipment, such as local printers)

⇒ 권고형량 : 기본영역 ( 1년 6월 ~ 3년 )

○ Crimes 2 (Forgery, Alteration, etc. of Private Document : Specialized Dog Dog Dog Dog Dog Dog Dog Dog Dog.)

In general, e.g., mitigation factors (refluences);

⇒ 권고형량 : 가중영역 ( 1년 ~ 3년 )

The scope of the final sentence due to the aggravation of the majority of the Do Governor: January 6 to April 4 (the first crime maximum + the second crime maximum 1/2)

Do Governor's suspended sentence: A negative (for-profit crimes, harmful effects) sentence: Imprisonment with prison labor for two years;

(1) Sentence: The sentencing criteria set by the Sentencing Committee established by the Supreme Court for one year and the following sentencing factors, including the defendant's age, character and conduct, and family environment, are equally examined.

○ A person under way: The quality of the crime (for the purpose of profit), the number of forged crimes, and the fear of a crime that has an influence on the national interest and the convenience of the people due to the crime, etc.

○ A mitigated person: A confession, a person who is born, and a person who is punished with his/her spouse, etc.

Judges Owon-ho