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

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.

Punishment of the crime

On December 2, 2014, the Defendant entered into a sales contract with the land B and paid the down payment of KRW 20 million around that time. A contract was revoked due to a loan between the parties, which demanded B to return the down payment amount of KRW 20 million, and filed a lawsuit against B claiming the return of the down payment.

On June 26, 2015, the Defendant: (a) on June 26, 2015, in the Defendant’s residence located in Busan B, the purpose of submitting to the competent court as evidentiary materials to file a lawsuit claiming the return of the down payment, the Defendant: (b) on June 26, 2015, in the absence of the fact that he/she sent to the complainant a document stating “a content certificate (request for the return of the down payment)” by a content-certified mail; (c) on the same day, the Defendant forged a certificate proving the contents of the Plaintiff’s name of the head of Busan Viewing post office, which is an official document, by entering the certificate of delivery of the content-certified mail under the name of the head of Busan Viewing post office attached to other mail on the said date; and (d)

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

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. Article 62(1) of the Criminal Act on the suspension of execution (this shall not apply to the good quality of the act submitted to a court by forging a public document;

However, the execution shall be postponed considering the confession, the forged part is the proved part of the content, the fact that the defendant has no same power, etc.