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(영문) 창원지방법원 통영지원 2017.08.17 2017고단684
공문서위조등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 23, 2017, the Defendant, while preparing for an election campaign box for the representatives of the NAFD on February 23, 2017, sentenced the Defendant to submit a false high school graduation certificate, hiding the fact that the Defendant graduated from an elementary school, to the side of the NAF.

Accordingly, at around 15:54 on February 13, 2017, the Defendant discovered the Defendant’s house located in E 201 Dong 505, on the part of the Defendant’s house to forge the certificate of graduation through Internet search, and sent a text message stating “A, H, and G” to the effect that the Defendant had forged the certificate of graduation to the effect that he/she graduated from G by the contact address of the nameless winner written therein, and then transferred KRW 400,00 to the account designated by the said person’s name in mind (Account Number: I) of the Defendant’s e-mail address (J) through the Defendant’s e-mail address in the name of his/her mother.

As a result, the Defendant forged one copy of the graduation certificate in the name of the president of G, an official document, for the purpose of exercising the above name in collusion with the above person in unsound.

2. The Defendant, at around 15:00 on February 14, 2017, submitted to the staff of the Committee on the Election Management of Representatives at the place where a false official document was issued, as described in paragraph 1, a false official document, in the name of the president, at the head office of the Korea Agricultural Cooperatives, DF, Inc., Ltd., and exercised the certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (related to attachment of a copy of records of internal investigation - the forgery of attached private documents (including a copy of investigation records of the case (number of cases: 2017-2684)), investigation report (related to attachment of response data, such as whether to graduate);

1. Details of transactions of deposits and withdrawal, and application of the Acts and subordinate statutes governing graduation certificates;

1. Articles 225 and 229 of the Criminal Act concerning the facts constituting an offense;

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 suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The Supreme Court;

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