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(영문) 인천지방법원 2017.08.23 2017고단4314
공문서위조등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant had the mind to submit a forged certificate of graduation to the Incheon Branch of the Korea Construction Technology Association, and offered a false certificate of graduation for 50,000 won after confirming the contact information of the name influence who forged the certificate of graduation through Internet search, and the above name influence was offered to forge the official document with the consent of this.

1. For the purpose of exercising the official document from April 2015 to April 28, 2015, the Defendant: (a) entered “A”, “B” in the name column of the graduation certificate; (b) “B” in the column of the date of graduation; and (c) entered “A” in the column of the date of graduation; and (d) obtained a forged graduation certificate with the name of the principal of C, etc. affixed with the official seal of the principal of C, etc.

Accordingly, the defendant, in collusion with a name-free person, forged a copy of a graduation certificate against the defendant who was in the name of the principal of the high school C, a public document.

2. On April 28, 2015, the Defendant: (a) sent a forged certificate of graduation from a public official duty to the Incheon Branch of the Association of the Association of the Association of the Republic of Korea, which is a construction technology, as described in paragraph 1, to the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, which was aware of the forgery; and (b) carried out the certificate by mail as if the certificate was actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes governing the certificate of graduation;

1. Articles 225, 30 (the occupation of an official document in the same Article), 229, 225, and 30 (the occupation of uttering of forged official document) of the Criminal Act concerning criminal facts;

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 ( normal consideration considered as follows):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] / fabrication, alteration, etc. of official documents, etc. / In the case where social risks have not been realized because the ultimate objective of crime is not achieved (4-1 year to / In the case of a special mitigation / [the decision of sentence], the defendant's age, sex is committed under the following circumstances.

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