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(영문) 서울중앙지방법원 2013.10.08 2013고단5397
공문서위조등
Text

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

However, 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 May 2013, the Defendant: (a) opened a mobile phone in another person’s name; (b) opened a mobile phone; and (c) requested a third person to forge a resident registration certificate in another person’s name, where the name known through Internet search cannot be known; and (d) a person who opened a coffee shop in Gangnam-gu Seoul, Seoul, with a photograph of the Defendant, to forge a resident registration certificate in another person’s name.

A person whose name is unknown is attached with a photograph of the defendant and whose personal information, such as C resident registration number, etc. is recorded, forged one resident registration certificate under the name of the head of the Dong-gu Incheon Metropolitan City, which received 300,000 won in return for the above coffee shop on May 2013 and sent it to the defendant.

Accordingly, the defendant, in collusion with a person who could not know the above name, forged one resident registration certificate which is an official document without authority for the purpose of uttering.

2. At around 11:00 on August 13, 2013, the Defendant: (a) requested the opening of a mobile phone at E mobile phone stores located in Gangnam-gu Seoul Metropolitan Government; (b) presented the forged resident registration certificate to F, who did not know of the forgery, as if he were issued a genuinely.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report (Nos. 8 and 9 in the evidence list);

1. To apply a copy of suspect resident registration certificates, a copy of forged resident registration certificates, and a copy of comparison of resident registration certificates;

1. Articles 225, 30, and 229 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (i.e., the reason for mitigation as follows, the fact that the accused is divided by mistake and the accused has no previous conviction, in addition to the punishment once a fine is imposed):

1. The scope of sentence for forfeiture under Article 48(1) of the Criminal Act: It is so decided as per Disposition on the grounds that the ultimate purpose of the crime is more than April-1 year (Reduction; failure to achieve the ultimate purpose of the crime).

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