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(영문) 광주지방법원 목포지원 2019.10.15 2019고단690
공문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

(b) Crime history;

1. On May 4, 2019, the Defendant forged public document documents at the Defendant’s residence located in the B building C, and entered “A”, “A”, “A”, and “A”, and “A” in the name column of address in the column of issuance of a certificate of income in the form of a certificate of income that was previously possessed by using a computer, and then printed out in the column of address “B” and “B”, “Yearnam-do ***************”, “Year-end settlement of labor income” in the column of classification of income, “2018”, “E Stock Company”, “F”, “F” and “Income” in the column of total amount of income, “F”, and “F” in the column of total amount of tax assessment,” and “5,051,542” in the issue date.

Accordingly, the defendant has forged one copy of the income certificate against the defendant under the name of the head of the tax office for the purpose of exercising his official duties.

2. Around May 10, 2019, the Defendant presented to the H office located near G apartment at the time of Sejong-si, an employee in charge of name in the H office and exercised the forged official document’s income certificate as if it were actually issued.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the screen to inquiries about a forged certificate of income, a copy of home-based civil petition certificate, and an original verification number of home-based civil petition;

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types]. [the category 1] non-business and non-organization (special person] mitigation element: where social risks have not been realized because the ultimate objective of the crime was not achieved, the mitigation area of punishment [the recommended area and the scope of recommendations] mitigation area, April to March of the imprisonment.

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