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(영문) 인천지방법원 2020.01.09 2019고단7937
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 15, 2013, the Defendant left China and was prohibited from departing from China with respect to the business in China while living in China. On August 22, 2018, the term of validity of the Korean passport he possessed has expired, with the intention of forging another person’s passport.

1. On September 2018, the Defendant: (a) requested 12,00 pages to “C”, a counterfeited passport operator, known to him/her through a false statement of his/her name (hereinafter “B”); (b) the Defendant’s photograph and the validity term of his/her passport are over; and (c) the Defendant requested “C to be able to use a passport with its maturity.” Based on the Defendant’s photograph and personal information, the said “C” forged a passport under the name of the Minister of Foreign Affairs in the name of the Republic of Korea by means of an unsound method; and (d) the Defendant’s photograph and personal information.

In collusion with the above “C”, the Defendant forged a passport of the Republic of Korea, which is a public document, for the purpose of uttering.

2. On December 1, 2018, the Defendant used a passport under the name of the Minister of Foreign Affairs, which is a public official in charge of the entry and departure review of Vietnam, which is a forged document, at Vietnam, with the departure from Korea as described in the foregoing paragraph (1), from Vietnam, following that time to June 2, 2019, by presenting a public official in charge of the entry and departure review of Vietnam who was unaware of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A letter of results of identification;

1. An investigation report (A accompanying materials related to details of movement in a foreign country);

1. Application of the provisions of the Acts and subordinate statutes to a copy of entry review, transfer ledger, output of personal immigration status, output of personal immigration status, copies of a comprehensive record review of immigration-related persons, A passport personal pages, and A forged passport personal pages;

1. Relevant Articles 225 and 30 of the Criminal Act concerning facts constituting an offense, and Articles 229 and 225 of the Criminal Act;

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