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(영문) 울산지방법원 2016.09.21 2016고단2590
공문서위조등
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant forged a public document with intent to forge the Defendant’s identity card under the name of a third party in order to carry out the document after renting the name unclaimed box (one name C) and apartment as a monthly rent, and then leasing it again at the time to obtain the deposit for the lease on a monthly basis. Around June 2009, the Defendant created a copy of the resident registration certificate under the name of R, in which the Defendant’s photograph was affixed, with the name, resident registration number, and the name unexponed with the Defendant’s photograph, and the name unexponed person created a copy of the resident registration certificate under the name of R, in which the Defendant’s photograph was affixed,

Accordingly, the defendant, in collusion with the above-mentioned person, forged a resident registration certificate of R in the name of the head of Pyeongtaek-si for the purpose of uttering.

2. On July 4, 2016, the Defendant: (a) expressed that the resident registration certificate, which is a public document forged as described in the foregoing paragraph (1), was issued genuinely, to the police box affiliated with the police box of the Jung-gu Police Station, which was inspected by the fire in front of the North City Security Center located in the 187-1 of the Seo-gu, Seogu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes governing forged resident registration certificates;

1. Articles 225, 229, and 30 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 48(1) of the Confiscation Criminal Act / [Sentencing] Article 48(1) of the same Act provides for a sentence as ordered in consideration of the motive of the crime or the poor number of crimes; however, there was no record of punishment for the same kind of crime; and the current situation in which the relevant fraud case is pending in the appellate trial (the pertinent first instance court’s imprisonment with labor for ten months);

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