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(영문) 대전지방법원 천안지원 2016.05.27 2016고단79
공문서위조등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 201, the Defendant: (a) conspiredd in order to forge a person’s foreigner registration certificate in order to delete control and continue to stay in Korea upon the expiration of the period of sojourn for one’s own foreigner, along with the name and inf’s name and inf’s name, who operates the “D Travel Agency” located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul; and (b) the name and inf.

Accordingly, on June 201, 201, the Defendant provided E with his photograph while paying 200,000 won to E, and E provided it to the above person under the name in China, and the above person under the name was marked as “G”, “H”, “CHINA-REN”, “H-2-D”, “H-901,” “I Apartment in Seoul Special Metropolitan City, Nowon-gu, Seoul: 207-901,” “date of issuance: 07.13,” and “period of sojourn: 07.12.07.” After attaching the Defendant’s photograph to the right upper part of the foreigner registration certificate, the above person under the name was marked as the official seal of the head of the Seoul immigration control office.

Accordingly, the Defendant, in collusion with E, forged a foreign registration certificate for H in the name of the Seoul Immigration Control Office, which is an official document, for the purpose of uttering.

2. On April 29, 2012, the Defendant, at around 15:00, presented a civil petition document to the Foreign Support Center of the fourth floor of the J Building in Yacheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant held the forged public document by presenting one copy of an alien registration certificate, which is a forged public document, as described in paragraph 1, as if it were actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects of E by each public prosecutor;

1. Application of Acts and subordinate statutes on police statements made to K and L;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the types of official documents] official documents, etc.

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