A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

1. On June 12, 2018, the Defendant forged private documents: (a) around 201, the Defendant posted B’s seal arbitrarily produced by the Defendant in an irregular manner on the side of the applicant column of “application form for land alteration” in the land information and the cadastral administrative team of 2401 Kimhae-si, Kimhae-si; and (b) the Defendant posted B’s seal.

Accordingly, for the purpose of uttering, the Defendant forged a written application for land alteration in the name of B, a private document.

2. The Defendant at the time and place specified in the foregoing paragraph (1) was aware of the forgery, and the Defendant had the following: (a) discovered that the “written application for land alteration” forged was genuinely established to the person in charge of Kimhae, who was aware of the forgery.

Accordingly, the defendant exercised a forged private document.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements of witnesses B and C in the third protocol of trial;

1. Statement made to D by the police;

1. An application for land alteration;

1. Notification of the result of cadastral adjustment, full certificate of registered matters, location map, and current status of the statutes shall also apply;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

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;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The summary of the argument B comprehensively consented to the preparation of an application for land alteration that will naturally be followed by the subsequent measures by clearly consenting to the designation of the road of Kimhae-si E (hereinafter “instant land”) by affixing a seal imprint affixed to the written consent for the designation of the road.

Therefore, in preparing the application form for land alteration, the defendant recognized the presumption consent from B, and the defendant did not have any intention to forge the application form for land alteration.

2. Determination

A. The crime of forgery or alteration of a private document refers to the preparation of a document in the name of another by a person who is not authorized to prepare the document.