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(영문) 수원지방법원 2017.01.23 2016고단7130
공문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2016, the Defendant: (a) visited the Defendant’s home located at Osan-si B apartment 202-dong 1303, an online website “civil petition 24 cc”; (b) received a PEF file in the name of the head of the relevant Suwon Tax Office in 2015; (c) used the PDF file conversion program; (d) used the PDF file conversion program to “1,069,35 won” to read “58,069,355 won”; and (e) output the total amount of the income amount from “0 won” to “8,716,645 won; and (e) output the amount of the income amount to “0 won” to “8,716,645 won.

Accordingly, for the purpose of uttering, the Defendant forged a certificate of income under the name of the head of the Dong Tax Office, which is a public document.

2. On August 20, 2016, the Defendant: (a) presented the certificate of income amount, which is the forged official document, to an employee under his/her jurisdiction, whose name cannot be identified in the Southern Vice Governor of the Korea Housing Finance Corporation, located in the 141 YY-gu Tourism in Suwon-si, Suwon-si, Suwon-si; and (b) presented it as if he/she were issued a true certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of public official in charge;

1. Application of Acts and subordinate statutes governing certificates of income;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) (amended by Act No. 10358, Apr. 1, 2009) (amended by Act No. 1048, Apr. 1, 2009). In the event that social risks have not been realized since the ultimate objective of the mitigation area (amended by Act No. 1004, Apr. 1, 2009) was not achieved (amended by Act No. 10354, Apr. 2, 2009).

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