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(영문) 서울동부지방법원 2018.06.22 2018고단824
공문서위조등
Text

A defendant shall be punished by imprisonment for six 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 5, 2016, the Defendant: (a) at the D office in the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Factory Co., Ltd. (hereinafter referred to as the “D office”); (b) obtained a license for a food and drug license issued in the existing by using the Defendant’s computer; and (c) completed the document number “No. 15-1727” as “No. 16-4198; (d) in the name column “(ju) D. DoesaNe Sym (PMN4), high frequency artificial absorption, and PMN4” as “No. 40CE; and (d) “No. 2003A. 1050” as “No. 16503, Oct. 29, 2010” as “No. 2065.

Accordingly, the Defendant forged one copy of the import license of medical devices under the name of the Director for Food and Drug Safety, an official document, for the purpose of uttering.

2. The Defendant: (a) taken a forged import permit with a smartphone to the representative E, who was aware of the forgery at the same time, at a place as in the foregoing paragraph 1; and (b) sent the forged import permit to the Kakao Stockholm as if it were a document issued with a genuine copy; and (c) exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (No. 8,13 once a year);

1. Application of statutes on a medical device import permit or an original license;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Application of the sentencing criteria (the scope of recommended punishment) : Alteration, etc. of official documents, etc.

2. The following circumstances and the defendant's person who has rendered a sentence of sentence:

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