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(영문) 인천지방법원 2016.05.12 2016고정648
사문서위조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has acquired Korean nationality through naturalization, and B enters the Republic of Korea with Chinese nationality in 1995 and has been staying in the Republic of Korea until now.

On November 25, 2015, the defendant, his father, has to apply for extension of his stay after the expiration of his sojourn period, but he was aware that he lost his Chinese citizenship and did not apply for extension of his stay.

At around 22:50 on October 7, 2015, the Defendant requested the forgery of a Chinese resident's certificate in the name of B by making a phone call to each of the instant agents located in China in front of the wife population C at the Gyeonggi-si, and D, a Chinese portal site (www.baducom) to pay 500 bills (including approximately 90,00 won) to the French Brers, and to receive them through international mail by forging the Chinese resident certificate.

Accordingly, the defendant, in collusion with D, forged the Chapter B's certificate for the purpose of using it for the extension application for B's sojourn by forging the certificate of Chinese resident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. An identification letter of opinion;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 231 of the Criminal Act and Articles 231 and 30 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of this case with the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is not less than the nature of the crime. However, on the other hand, the Defendant recognized the crime of this case and closely reflects the fact that the Defendant has no record of criminal punishment, and the Defendant has no record of criminal punishment, and the Defendant’s age, sex, environment, etc. shall be determined as ordered by taking into account all the relevant sentencing conditions.

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