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집행유예
(영문) 서울북부지방법원 2015.5.7.선고 2015고단580 판결
가.공문서위조·나.사문서위조·다.위조사문서행사·라.전자금융거래법위반·마.사문서위조방조
Cases

2015 nomenclature 580 A. Forgery of official documents

(b) Forgery of private documents;

(c) Exercising a falsified investigation document;

D. Violation of the Electronic Financial Transactions Act

(e) Forgery of private documents;

Defendant

1. (a) . (c) . d. Isnx (86 - 1) , and free from office;

Residential Nam-gu Incheon Metropolitan City Party Roster;

2.(c)(e) E.S.x (86 - 1) and free of office;

Residential Nam-gu, Incheon Metropolitan City Lower Village;

3.(b)(c) G.W (85 - 1) and Company members;

Residence, Busan Shipping Daegu Dong-dong

4. (a) Mex (632), Jeju

Hapung City Hapung Hap 3 way

5. (a) Completionx (75 - - 2), Company members;

2 2 Royn-si, South Korea

6. (a) Kim Sung x (61 2), and non-official titles;

Dennam-si, Hachan-dong

7. (a) Kim Jae-in (87 - 1);

Degratus degratus degratus

8. b. Kim Jong x (50 - 1), and non-permanent

Housing, Nowon-gu, Seoul

Prosecutor

both △△△△ (Public Prosecution) and △△△△ (Public Trial)

Defense Counsel

[Defendant-Appellee] △△△△, and △△△△ (Law Firm Private for Defendant-Appellant)

Public-service △△△△ (Defendant Dok X’s flag for the purpose of this Act)

[Defendant △△△△ (Defendant Dan, x, Max, Kim Jong-sung, Kim Jae-re, Kim

Franchising lines for X :

Imposition of Judgment

May 7, 2015

Text

Defendant Jin Jin X x B 2 years and six months in prison x 6 months in prison x 3,00,000 won in prison, Defendant Jin X x x x, Kim Jong-sung, and Defendant Kim Jong-type X 1,00,00 won in prison.

Defendant GW, Kim Jong-X does not pay each of the above fines, the Defendants shall be confined in a workhouse for a period of 100,000 won converted into one day.

However, for 2 years from the date this judgment became final and conclusive, the execution of each of the above sentence shall be suspended for each one year against Defendant P, Emb, Kim X, and Kim Jae-X.

To issue an order for community service for 80 hours to Defendant Eslives.

The seized computer shall consist of one unit (No. 3), one unit (No. 4), one unit of monitor (No. 5), one mobile phone (SCH-930), one unit of mobile phone (No. 8), one unit of mobile phone (No. 9), one unit of mobile phone (No. 130S., 036877) (No. 10), one unit of mobile phone (No. 10), one cell phone (No. 130S., 03687), one unit of mobile phone (No. 130S., 00, 0146952), one unit of mobile phone (No. 11), one (No. 14), one unit of bank of the new head of the Tong bank (No. 17), one copy of a certificate of family relationship (No. 2, 17), and one copy of a certificate of family relationship (No. 2, 14) under the name of the president of the National University.

The above fine is ordered to be paid in an amount equivalent to the above fine against Defendant XX and Kim Jong-sung.

Reasons

Criminal facts

1. Defendant Lee Jin;

The Defendant failed to perform his business and posted an advertisement, such as 30,000 won or more, on the portal site Kafae or blogs, to display an advertisement, such as the fabrication of graduation, and had the person who reported and contacted with the Defendant intent to forge and sell a document.

(a) Forgery of an official document;

On February 2, 2014, the Defendant was requested to forge the above advertisement from Kim Sung-sung, who had reported the above advertisement at the office of the Defendant in the Namdong-gu Incheon Metropolitan City, along with personal information, such as his name, etc., from the Kim Jong-dong branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch.

As a result, the Defendant forged one copy of the graduation certificate (No. 25 No. 25 per annum of crime sight table) in the name of the principal of the regular female high school, which is an official document, for the purpose of exercising in collusion with Kim Sung-X.

In addition, from January 2014 to January 25, 2015, the Defendant forged 25 copies of official documents, such as a pass certificate and a health insurance qualification acquisition certificate, as stated in the attached list of crimes (No. 1 to 25 a year).

(b) Forgery of private documents;

The defendant conspireds with the Lee X-X to submit a certificate of diagnosis in order to postpone the training of the kind-gu reserve forces.

At around 00 on July 25, 2014, the Defendant conspireds with this x x x x x 11: 00, the Defendant prepared a medical certificate form on the Internet using a computer at the above Defendant’s home and prepared a patient’s address column by using the Pototool program, “Sl,” “S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S. on July 25, 2014, “on the diagnosis date” in the future medical opinion column: 2014-07 - 25, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, S, and S. 2.

In this respect, the Defendant forged one copy of a medical certificate on the slick in the name of the Human Rights Council of Private Documents (No. 45 per annum in the annexed crime list) for the purpose of uttering in collusion with Eslick x x.

In addition, the Defendant forged a total of 55 private documents, such as a certificate of graduation and a certificate of employment, as stated in the attached list of crimes (No. 26 to 80 a year).

(c) Exercising a falsified investigation document;

Around 00, the Defendant submitted and used the document No. 45, No. 46, No. 46, No. 15 of the attached Table of Crimes, in collusion with Essl x x 15 on July 25, 2014, at the Man-dong community service center located in Dong-gu, Incheon Metropolitan City, 5 Dong-dong 876, Esl x x 1 to the person in charge of the Dong-dong affairs of the reserve forces who is aware of the forgery x x 45, No. 46, No. 1 of the list of Crimes.

(d) Violation of the Electronic Financial Transactions Act;

No person shall transfer or acquire the means of access in the use and management of electronic financial transactions.

Nevertheless, around November 2013, the Defendant received the means of electronic financial transactions through Kwikset Service with the head of the bank account and cash card in the name of Cheongcheon-gu, the Internet at the Internet home of the above Defendant. The Defendant received the means of access through Kwikset Service.

2. Defendant slot;

(a) Forgery of private documents;

The defendant, in collusion with the Lee Jin, was willing to submit a certificate of diagnosis in order to postpone the reserve force training.

On July 25, 2014: around 00, the Defendant conspired with Jinjin, prepared a medical certificate form on the Internet at the above Jinjin's House using a computer, and prepared a patient's address column by using the Pototool program, "Sle-gu Incheon," "Sle-gu's name column and tension", "Sle-gu's salt and tension on Sick-gu's name" on July 25, 2014, "In the future medical opinion column": 2014 - 07 - 25 1) No. 73, and prepared a medical certificate on July 10, 2014, 200, 207 - - 25 - 4 - - - 1 - - 5 - - 1 - - 27 - - 1 - - 20 - - 4 'the above medical certificate', 2014.

Accordingly, the Defendant forged one copy of the medical certificate on the Dogdong name, a private document related to confirmation of facts (No. 45 per annum of the crime sight table) for the purpose of uttering in collusion with the Lee Jin-jin.

(b) Exercising a falsified investigation document;

On July 25, 2014: around 00, the Defendant submitted to the person in charge of the affairs related to the reserve forces, who was aware of such forgery, a written application for postponement of mobilization and education and training of the reserve forces, along with a written application for the postponement of mobilization and training of the reserve forces, and exercised it as if he were duly issued.

C. Around the end of January 2015, he/she was requested to forge the above advertisement along with his/her name and other personal information from Kim○○, which reported and contacted the above advertisement. He/she prepared a letter of his/her name, Kim Chang, 20070164, 198 on the date of birth 198.2* 2.02., 2., 2., 2.02., 2., 2., 3. faculty and department economics, 207, 2007, 3.2.2., 15., 201, 2013., 3.2.2.2., 2007, 2.5., 3.0, 2013., 3.2.15., 2013., 4.1., 24., 2014., 8., by means of a letter of his/her graduation.

On January 25, 2015: around 30, the Defendant assisted the Defendant to deliver to Kim○○, a certificate of graduation, which was forged, to the Defendant’s vehicle, in order to assist him/her with knowledge of the forgery, even though he/she was aware of the forgery.

3. The defendant Doz.

The defendant had a mind to forge a high school life register and submit it to the job examination.

On June 2014, the Defendant provided that 300,000 won should be paid in return for forging a high school life register by leaving a phone at a remote site through Internet search, and then sent the records of living and his own personal information from the Dong Jin X's house to the main day. At around that time, Jin X's house, the Defendant provided that 30,000 won should be paid in return for forging a high school life register, and that 8503,503, * * *67 ** * * * * * 1767 * ? * ? Professor Professor Professor Professor Professor Professor Professor, 13 June 13, 2014, the Defendant prepared his name by inserting a high school name by inserting his name.

As a result, the Defendant’s life record 1 in relation to the balance under the name of the principal of the Dae-wheeled High School, which is a private document regarding a certificate of fact (No. 73 per annum of the crime sight table) for the purpose of uttering in collusion with the other party

B forged B.

around that time, the Defendant submitted the forged school life record to the person in charge of the personnel team who is aware of the forgery at Jongno-gu Seoul Metropolitan Transport Service 83 - 1, Jongno-gu, and exercised it as if they were actually issued a true list.

4. Defendant permanentx; and

On January 2, 2014: around 00, the Defendant: at the Defendant’s house located in the Hanung-si of Gangwon-do, he requested the forgery of a certificate of graduation from Seosan High School by leaving a phone through the Internet search, and paid 4.50,00 won to the Jinsan High School; thereafter, the Defendant notified the Defendant of his name, name, and other personal information, etc. by using the Pototool program after taking the type of a certificate of graduation from the Internet at the above Lee Jin-si House around that time after taking the type of graduation from the Internet x x 1 x 6301 resident registration number * * 2470 ** * 500, March 5, 1980; and 1.5, after taking the name of the Incheon High School, 300, 150, 150, 150, 2500, 150,000.

Accordingly, the Defendant forged one copy of the graduation certificate (No. 24 No. 24 per annum of the crime sight table) in the name of the principal of the Seosan High School, which is an official document, for the purpose of uttering in collusion with the Lee Jin-jin.

5. Defendant completionx;

On May 2014, the Defendant: (a) requested the forgery of a family relation certificate that deleted the part of his/her spouse by telephone and paid KRW 300,000,000 in consideration of the phone contact information known to him/her through online search; (b) sent the Defendant’s family relation certificate under the name of the head of Jongno-gu Seoul Metropolitan Government head at the government civil petition site (www. minon.go.gor). At that time, the Defendant deleted the part of the spouse’s family relation certificate received from the Defendant and sent it to the Defendant’s mail; and (c) the Defendant printed it out.

As a result, the Defendant forged one copy of the family relation certificate (No. 7 No. 1 of the list of crimes in the annexed Form No. 7) under the name of the head of Jongno-gu Seoul Metropolitan Government Office, which is an official document, for the purpose of uttering in collusion with the Lee Jin.

On February 2, 2014, the Defendant: (a) requested the fabrication of a graduation certificate by leaving a phone and paid 200,000 won in return; (b) notified the Defendant of his/her name, personal information, etc. in return; (c) around that time, after having downloaded the type of graduation certificate on the Internet by using a computer at the above e-mail site; (d) 6108 resident registration number 6108 * - 2536 * * * * on February 11, 1980; and (d) proven the above facts; and (e) "I," "I, on February 24, 2014," "I," and "I, on February 24, 2014, I have prepared a certificate of graduation in the name of an Eup high school and issued it to the Defendant through an print-out certificate through an Kwiksetter.

Accordingly, the defendant forged one copy of the graduation certificate (No. 25 No. 25 per annum of the crime sight table) in the name of the principal of the regular female high school, which is an official document, for the purpose of uttering in collusion with the Lee Jin-jin.

7. Defendant Kim Jae-in

On August 20, 2014, the Defendant requested the forgery of a graduation certificate by leaving the phone and notified him of his personal information, etc. In response to the request, the Defendant made 70,000 won to pay the above 70,000 won. At around that time, Jin X entered the Internet with a computer to download the form of a graduation certificate, and then entered the certificate into the National University by using the Internet, 'the certificate of graduation', 'the name Kim Jae-in', 'the registration number 2070294, 'the date of birth 2070294, 'the date of Jan. 2, 198, 198, 'the law school construction engineering', 'the date of entrance', 'the date of graduation', 'the date of graduation', 'the date of graduation 200, 'the date of graduation 'the above fact', 'the date of graduation 200, 'the certificate of graduation 1', ' and 20.

Accordingly, the Defendant forged a certificate of graduation on Kim Jae-in in the name of president of the National Gold University, which is an official document, in collusion with the Lee Jin-jin, one academic certificate, one academic certificate (No. 15-17 per annum of a crime list) for the purpose of uttering.

8. Defendant Kim X

On January 6, 2015, the Defendant requested the forgery of a graduation certificate by leaving a phone, and notified his personal information, etc. after paying 500,000 won to the Defendant. At the same time, the Defendant: (a) obtained the type of a graduation certificate from the Internet by using a computer at the above e-mail site; (b) 50-1, resident registration number ; (c) on March 2, 1965; (d) on February 19, 1968; and (d) on February 6, 2015; and (e) on January 6, 2015, the Defendant prepared a certificate of graduation using the computer and sent it to the Defendant via an official seal affixed thereto (85 days after entering the Kwikset).

Accordingly, the defendant's graduation certificate in the name of the principal of the Western High School, which is a private document related to a certificate of fact, for the purpose of uttering in collusion with the Lee Jin-jin (No. 72 per annum of the crime sight table)

B forged B.

Summary of Evidence

1. Defendants’ legal statement

1. The second suspect examination protocol of the defendant Lee J-X prepared by the prosecution;

1. An interrogation protocol of the police officer in △△;

1. Statement of the police against Kim Jong-chul;

1. Details of account transactions;

1. Efagating the Internet screen;

1. Family relation certificate, etc. (No. 32 No. 5 of the evidence list);

1. Investigation report (to attach data on an application for postponement of training of the suspect, slX reserve forces);

(2) No. 36 of the Investigation Record No. 2 of the Seoul National Health Insurance Corporation (No. 131, 149, 171, 429) No. 46 of the Investigation Record No. 2 of the Seoul National Health Insurance Corporation (No. 136, 240, 367 of the Investigation Record No. 14), No. 2 of the Head of the Seoul National Health Insurance Corporation (No. 144, 41, 412 of the Investigation Record No. 144), No. 36 of the Investigation Record No. 86 of the Seoul National Health Insurance Corporation (No. 46 of the Investigation Record No. 1, No. 147, 159), No. 5 of the Investigation Record No. 2 of the President of the Korea National Health Insurance Corporation under the name of the Director of the 3rd National Health Insurance Corporation, No. 46 of the Investigation Record No. 5 of the Investigation Record No. 3

명의의 조 에 대한 사망진단서 ( 수사기록 제333쪽 ), 분당서울대학교병원장 명의의 황에 대한 외래진료사실확인서 ( 수사기록 제336쪽 ), 동아대학교 교무처장 명의의 천◇에 대한 졸업증명서 ( 수사기록 제339쪽 ), 대덕대학교 총장 명의의 우소에 대한 제적증명서 ( 수사기록 제341쪽 ), 나주고등학교장 명의의 이○○에 대한 졸업증명서 ( 수사기록 제343쪽 ), 정읍여자고등학교장 명의의 김성에 대한 졸업증명서 ( 수사기록 제345쪽 ), 부산지방해양항만청장 명의의 김○○에 대한 승무경력증명서 ( 수사기록 제348 ~ 349쪽 ), 부산마케팅고등학교장 명의의 김○○에 대한 졸업증명서 ( 수사기록 제351쪽 ), 국립금오공 과대학장 법학박사 김□□ 명의의 김재X에 대한 학위증서 ( 수사기록 제352쪽 ), 국립금 오공과대학교 총장 명의의 김재에 대한 성적증명서 및 졸업증명서 ( 수사기록 제353 ~ 354쪽 ), 광주교육대학교 총장 명의의 김소에 대한 졸업증명서 ( 수사기록 제356쪽 ), 광명고등학교 교장 명의의 이○○에 대한 졸업증명서 ( 수사기록 제357쪽 ), 광명고등학교 교장 명의의 이소에 대한 영문 졸업증명서 ( 수사기록 제358쪽 ), 고려대학교 교무처장 명의의 이○○에 대한 졸업증명서 ( 수사기록 제359쪽 ), 계명문화대학교 총장 명의의 이소에 대한 졸업증명서 ( 수사기록 제360쪽 ), 예산고등학교장 명의의 주소에 대한 영문 졸업증명서 ( 수사기록 제362쪽 ), 부산동고등학교장 명의의 강에 대한 영문 졸업증명서 ( 수사기록 제363쪽 ), 경성대학교 총장 명의의 엄소에 대한 졸업증명서 ( 수사기록 제365쪽 ), 국민건강보험공단 이사장 명의의 권 에 대한 건강보험자격득실확 인서 ( 수사기록 제369, 370쪽 ), 배재대학교 교무처장 명의의 최소에 대한 졸업증명서 ( 수사기록 제375쪽 ), 평촌공업고등학교장 명의의 변소에 대한 졸업증명서 ( 수사기록 제377쪽 ), 카톨릭상지대학교 총장 명의의 권 에 대한 졸업증명서 ( 수사기록 제379쪽 ), 청주대학교 총장 명의의 김○○에 대한 졸업증명서 ( 수사기록 제380쪽 ), 청운고등 학교장 명의의 양 에 대한 영문 졸업증명서 ( 수사기록 제381쪽 ), 권□□ 명의의 이슬 X에 대한 진단서 ( 수사기록 제382쪽 ), 권□□ 명의의 이진X에 대한 진단서 ( 수사기록 제383쪽 ), 서울보증보험주식회사 명의의 여 에 대한 이행 ( 하자 ) 보증보험증권 ( 수사기록 제385쪽 ), 서울보증보험주식회사 명의의 차 에 대한 이행 ( 하자 ) 보증보험증권 ( 수사기록 제386쪽 ), 인천체육고등학교장 명의의 장소에 대한 졸업증명서 및 학교생활기록부 ( 수사기록 제395 ~ 399쪽 ), 명지대학교 총장 명의의 장소에 대한 졸업증명서 ( 수사기록 제400쪽 ), 명지대학교 교무처장 명의의 장소에 대한 졸업증명서 ( 수사기록 제401, 402쪽 ), 부안고등학교장 명의의 장소에 대한 졸업증명서 및 학교생활기록부 ( 수사기록 제402 ~ 406쪽 ), 인제대학교 총장 명의의 윤소에 대한 졸업증명서 ( 수사기록 제408쪽 ), 이화여자대학교 교무처장 명의의 김○○에 대한 재학증명서 ( 수사기록 제409쪽 ), 우송정보대학 총장 명의의 이○○에 대한 졸업증명서 ( 수사기록 제416쪽 ), 영석고 등학교장 명의의 최○○에 대한 졸업증명서 ( 수사기록 제419쪽 ), 연세대학교 교무처장

Certificates of graduation from Jung (No. 423 of the investigation records), Certificates of graduation from the name of the principal of the Seoul Design High School (No. 425 of the investigation records), Certificates of expulsion from the name of the president of the Seoul High School (No. 427 of the investigation records), Certificates of Graduation from the name of the president of the Seoul High School (No. 428 of the investigation records), Certificates of Graduation from the name of the president of the Daegu High School (No. 437 of the investigation records), Certificates of graduation from the name of the president of the university (No. 439 of the investigation records), Certificates of Tax Payment (No. 442 of the investigation records), Certificates of Graduation from the name of the president of the Korea High School (No. 445 of the investigation records), Certificates of Graduation from the name of the president of the Hong High School (No. 445 of the investigation records), Certificates of the academic records of the president of the Korea High School and No. 4525 of the investigation records, and Certificates No. 457 of the investigation records)

Application of Statutes

1. Article applicable to criminal facts;

○ Defendant Lee Jin

Articles 225, 30 (Aggravated Punishment on Official Documents), 231, 30 (Aggravated Punishment on Each Private Document, Selection of Imprisonment), 234, 231, and 30 (The use of each of the above-mentioned investigative documents, Selection of Imprisonment), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the violation of the law of the electronic financing system due to the acquisition of means of access, and Selection of Imprisonment)

○ Defendant Eslock

Articles 231, 30 (abscising of Private Document), 234, 231, 30 (abscising of Private Document), 231, and 32 (1) (abscising of forging Private Document) of the Criminal Act; the choice of each imprisonment.

○ Defendant Ja XX

Articles 231, 30 (Abetting Private Document), 234, 231, and 30 (Abetting Private Document) of the Criminal Act, and the choice of fines for negligence

○ Defendant Partyx, Lee balance, Kim Sung-sung, and Kim Jae-in

Articles 225 and 30 of the Criminal Code

○ Defendant Kim Kim

Articles 231 and 30 of the Criminal Act; Selection of fines

1. Aid and mitigation;

Defendant YX: Articles 32(2) and 55(1)3 of the Criminal Act (with respect to the crime of aiding and abetting private documents)

1. Aggravation for concurrent crimes;

Defendant Lee Jin-jin, Esl, W, Kim Jae-in 】 The former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Esl, politics x completion, Kimsung, and Kim Jae-in: Article 62(1) of the Criminal Act

1. Social service order;

Defendant Esl.: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant Jinjin: Article 48(1)1 of the Criminal Act

1. Scrapping;

Defendant Jinjin: Article 48(1)2 and (3) of the Criminal Act

1. Order of provisional payment;

Defendant GW and Kim Jong-X: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is in depth and reflects each of the crimes of this case, and the following circumstances against each of the defendants, including the defendants' age, family relation, and tendency, shall be determined as ordered by taking into account all the circumstances shown in the arguments of this case.

○ The Defendant committed the instant crime in a business manner, such as: (a) there was no history of criminal punishment against the Defendant Y; (b) the Defendant repeatedly forged a large quantity of documents; and (c) advertising the Defendant’s act of forging official documents and private documents; and (c) there was a large number of forged documents, such as falsified official documents and document 25 pages and document 55 pages.

○ Defendant Eslives

In order for the defendant to not receive the reserve forces training, the defendant applied the fabrication of private documents to the senior defendant, submitted the private document delivered from the senior to the Dong office to avoid undergoing the reserve forces training, submitted it to the Dong office, aided and abetting the crime of forging private documents by the senior defendant, and aided and abetting the crime of forging private documents by the senior defendant, only once criminal punishment is imposed on the defendant.

○ The fact that the Defendant requested the upper JX to forge a private document graduation certificate for his employment and actually submitted it to the employment-related company, and that there is no criminal record exceeding the fine for negligence against the Defendant.

○ Defendant’s schedule 】 The fact that the Defendants requested the upper Jin X to forge the certificate of graduation of an official document on the balance and Kim Jae-in, but did not actually exercise the certificate of graduation of the forged official document, and the fact that the Defendants were each the first offender.

The fact that the defendant Kim Jin requested the forgery of a certificate of graduation which is a public document to the defendant Lee Jin, but did not actually exercise the certificate of graduation which is a forged public document, and the defendant was punished by a fine only once, and there was no record of criminal punishment as well as the fact that there was no record of criminal punishment.

○ The fact that the defendant Kim Jong-X requested the forgery of a private document's graduation certificate to the defendant Lee Jin-X, but did not actually exercise the private document's graduation certificate, which was forged, and the defendant was punished by a fine only once, and there was no record of criminal punishment as well as criminal punishment.

Judges

Judges Kim Jong-ran

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