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집행유예
(영문) 춘천지방법원 원주지원 2007.11.6.선고 2007고단610 판결
공문서위조,위조공문서행사,업무방해
Cases

207Nopoly 610 Forgery of official documents, uttering of forged official documents, interference with business

Defendant

New******************* (*),4

Residential Goju-si Mo**********

********

Prosecutor

*

Imposition of Judgment

November 6, 2007

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Although the Defendant intended to travel to the United States as a person with no certain occupation and without any occupation and import, the Defendant did not receive U.S. visa, and thus did not receive the U.S. visa. On June 1, 2007, the Defendant conspired with the non-persons with the name of the visa and the certificate of income. On June 2007, the Defendant issued a copy of the Defendant’s resident registration, a certified copy of family register, a passport, a photograph, etc. with the Defendant’s request to forge the documents necessary for the issuance of the U.S. visa to the person without the name visa at the first time and on June 2007.

At around that time, in the name name column of the business registration certificate without authority, "** usual," and name column "**," the location column of "Gangwon************* in the category column, respectively, the name name of the defendant under the name of the head of the original state tax office, affixed the official seal of the head of the original state tax office, and forged a copy of the business registration certificate under the name of the defendant under the name of the head of the original state tax office, which is an official document.

On the issue number column of income certificate, the person under whose name the person under whose name the person under whose name the tax payment was made, stated "8-305-6715-*" and "new*" in the taxpayer's name column *, "23,048,71" in the income column, and forged one copy of the defendant's certificate of income in the name of the head of the original tax office, which is an official document, affixed the official seal of the head of the original tax office.

Accordingly, the defendant forged a business registration certificate, which is an official document, and a certificate of income for the purpose of exercising it in collusion with the above-mentioned person.

2. At around 11:30 on July 3, 2007, the Defendant presented to the consul in charge of the U.S. Embassy located in Jongno-gu, Jongno-gu, Seoul, the 82 U.S. Embassy to the consul in charge of the U.S. Embassy the business registration certificate and the certificate of income, which is a forged official document, as if they were duly formed, and at the same time obstructed the issuance of visa by deceptive means

Summary of Evidence

1. Defendant's legal statement;

1. Request for cooperation in investigation (including the name of the forged business registration certificate and a copy of the certificate of income amount), and investigation report;

Application of Statutes

1. Article applicable to criminal facts;

Articles 225, 229, 314(1), 313(a) and 30(a) of the Criminal Code of Korea

Articles 40 and 50 of the Criminal Act (the punishment imposed on the crime of uttering of each forged official document between crimes on the market, and the punishment imposed on the crime of uttering of a forged business registration certificate with heavier criminal situation)

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Crimes of Forgery of Public Document at Time of Sales, Uttering of Counterfeited Public Document, Interference with Business, Mutual Crimes of Interference with Business, and Penalties) 1. Suspension of execution

Article 62 (1) of the Criminal Act (including that there is no previous error, and that there is against his/her own mistake)

It is so decided as per Disposition for the above reasons.

Judges

Dual Power

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