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(영문) 울산지방법원 2016.05.24 2016고단1013
공문서위조
Text

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

The Defendant, with knowledge of the fact that he/she can work at a construction site for a long time without being required to subscribe to the 4th insurance, etc. in the case of a foreigner, was willing to forge “certificate of domestic residence report of a foreign nationality Korean in his/her name,” which he/she had been placed in his/her name, and introduced C to a Chinese citizen via B who is a Chinese national.

On October 2014, the Defendant: (a) requested C to forge the above certificate of report; (b) stated C as “D”, “E”, “F-4”, “F-5”, and “F-F-F-4”, and “F-F-F” in the State column, and attached a photograph received from the Defendant, under the title “D”, “E”, “E”, “E”, “F-4”, and “F-F” in the State column, under the title “D”, “E”, “E”, “E”, and “F” in the State column.

Accordingly, the defendant, in collusion with B and C, forged a certificate of domestic residence report in the name of the head of the immigration control office, which is an official document, for the purpose of uttering.

Summary of Evidence

1. Statement by the defendant in court;

1. An identification letter of opinion;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. Articles 225 and 30 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)2 of the Confiscation Criminal Act (amended by Act No. 48(1)2 of the Confiscation Criminal Act / [the scope of recommendations] the crime of forgery, alteration, etc. of official documents, etc., where social risks have not been realized since the ultimate objective of the mitigation area (4-1 year to 1 year) / [special mitigation ] crime was not achieved due to the failure to achieve the ultimate objective of the crime (the decision of sentencing] - the circumstances unfavorable to the disadvantage of the sentence - the crime of forgery of official documents for economic interests is not good.

The favorable circumstances - the defendant is the first offender who has no previous conviction.

- The certificate of the above report was discovered by the Incheon Airport Customs Office and was not used for the crime.

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