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(영문) 인천지방법원 2017.09.14 2017고단2792
관세법위반등
Text

Defendant

A shall be punished by imprisonment for eight months.

However, with respect to Defendant A, the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 10, 2015, Defendant A forged official documents: (a) at the office of Company B (hereinafter “B”) located on the third floor of D D Building in Gangseo-gu Seoul Metropolitan Government (hereinafter “B”); (b) on October 1, 2015, the date of the import declaration, Defendant A changed the number of USD 420,000 in the letter of acceptance of the import declaration, “The amount column for the import declaration,” USD 320,000 in the letter of acceptance of the import declaration.” USD 420,000 in the letter of acceptance of the import declaration, “I shall attach the Incheon Customs Office, the number of the import declaration,” and (c) on December 10, 2015, the date of the import declaration, “F”, US$ 228,500,00 in the letter of acceptance of the import declaration,” and (d) changed the number of the Incheon Customs Office to USD 420,000 in the column.

As a result, Defendant A made the two copies of the import declaration under the name of the head of Incheon customs office, which is an official document, respectively for the purpose of exercising the official document.

2. On December 10, 2015, Defendant A applied for a loan of the second floor bus imported as “E” from JB Republic of Korea’s office located in Yeongdeungpo-gu Seoul Metropolitan Government as a collateral at the JB G office, Defendant A submitted a forged import declaration number certificate under the name of the head of the Incheon customs office to H who was aware of the forgery, as seen above, as if the certificate of import declaration under the name of the head of the Incheon customs office was issued genuine.

Summary of Evidence

1. Defendant A’s legal statement

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (suspect of forging official documents);

1. Relevant Article of the Criminal Act and subparagraph A of the choice of punishment concerning the facts constituting an offense: Article 225 of the Criminal Act (the point of Article 225 of the Official Document), Articles 229 and 225 of the Criminal Act (the point of uttering of forged official document), and the choice of imprisonment;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62(1) of the Criminal Act (the following sentencing shall be taken into account, etc.);

1. Defendant A: Reasons for sentencing under Article 48(1)2 of the Criminal Act [the scope of recommendations]; forgery, alteration, etc. of official documents, etc.

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