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(영문) 대구지방법원 경주지원 2014.10.23 2014고단351
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

The defendant knew that he should submit a certificate of qualification of class 2 or higher electrical construction technician to the Korea Electrical Construction Association to obtain a career pocketbook in order to be appointed as a field agent while working in Dae Ho Electrical Co., Ltd., and tried to use a copy of qualification certificate in the name of the defendant using a certificate of qualification of class 2 of D electrical construction technician in the office at the time.

1. On November 2013, the Defendant forged official document: (a) attached the Defendant’s photograph to the Defendant’s certificate of qualification as the electrical construction technician in Category D’s name, A, resident registration number E, and address Seoul Gangdong-gu, without authority, for the purpose of exercising it at the Daecheon-dong, Daegu-si, Daejeon-si, 733-957 Office for Electrical Construction; and (b) forged one national technical qualification certificate under the name of the president of the Korea Manpower Agency, a public document, by attaching the name A, resident registration number E, and address of Gangdong-gu, which was printed out by computer to the corresponding column of the said qualification certificate, and

2. On November 20, 2013, the Defendant: (a) held forged official documents and violated the National Technical Qualifications Act: (b) around November 20, 2013, the Defendant used the forged national technical qualification certificate at the foregoing office of Daeho Electric Co., Ltd., Ltd., as if he were aware of the fact that the certificate was duly formed by Daeho Electric Co., Ltd.; (c) had the said G submit it to the Korea Electrical Construction Association; (d) exercised forged official documents and, at the same time, used names according to the grade and category

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to a written accusation (including attached materials);

1. Relevant Article 225 of the Criminal Act, Article 229 and Article 225 of the Criminal Act, Article 26 (3) 2 and Article 18 of the National Technical Qualifications Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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