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

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

Punishment of the crime

On April 18, 2006, the defendant, who stays in Switzerland and provides guidance to Korean tourists, has expired the term of validity of the passport. However, on the ground that the judgment of conviction was rendered in Korea due to a crime of fraud, when the reissuance of the passport was impossible at the local embassy and it became inevitable to take the procedure by returning to Korea, the defendant received a proposal that he would help a forgery of the passport from the employees of the same industry who came to know of this fact.

On September 2010, the Defendant sent a photograph for a passport to B at his “D” travel office operated by Switzerland, and B around that time attached the above photograph to the passport pocket book, and entered “E”, “F”, “MAY 2017”, and “F” in the expiration column of the passport.

Accordingly, the Defendant, in collusion with B, forged a passport for E in the name of the Minister of Foreign Affairs and Transportation of the Republic of Korea, which is an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Cooperation in the investigation of the Ministry of Foreign Affairs (request for an investigation of suspected charge of using the above-mentioned passport);

1. Details of issuance of passports and application of Acts and subordinate statutes on individual immigration status;

1. Articles 225 and 30 of the Criminal Act concerning the facts constituting the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., the recognition of his/her mistake and the absence of the same criminal record);

1. Imprisonment with prison labor for a period of one month to ten years;

2. Application of the sentencing criteria [Determination of types] : Forgery and alteration, etc. of public document crimes group, official duty books, etc.; fabrication and alteration, etc.; non-business and non- organizational (Type 1) [no person subject to special sentencing] [Scope of recommended punishment] basic area; fabrication of passport, which is a document with significant social credibility in eight months to two years [general aggravation of punishment];