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(영문) 서울남부지방법원 2013.05.02 2013노110
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant delegated the duty to permit import items of medical devices from G to obtain a medical device import item license from G, and only issued a medical device import item license to E, and there was no forgery of a medical device import item license.

B. On the part of the uttering of forged official document, the Defendant did not recognize the forgery of a medical device import item license and delivered it to E, and there was no intention to display the forged official document.

2. Determination on the grounds for appeal

A. A. The summary of the facts charged in this case (1) for the purpose of uttering in collusion with a forged person (one person G), the Defendant asked the above person under the name of the Defendant’s office located in Yangcheon-gu Seoul Metropolitan Government to forge a certificate of import item of medical device via the Internet around May 2008, and the above person under the name of the Defendant asked the above person under the name of the Defendant to forge a certificate of import item of medical device. The above person under the name of the Defendant stated the certificate of import item using the computer in the form of the certificate of permission of import item of medical device, “No. 08-298,” “No. 16270,” “Classification No. 16270,” and “No. 70348-242, Feb. 04, 2008,” and “No. 6 and Article 5(2) of the Enforcement Rule of the Medical Devices Act,” and “No. 18, 2008,” the above official seal of the Korea Food and Drug Administration.

(2) On August 2008, the Defendant: (a) at the office of the E-operation Company located in Songpa-gu Seoul Metropolitan Government H around the end of August 2008, the Defendant issued the above “medical device import item permit”, which is a forged public document, to E, as if it were duly formed.

B. (1) According to the record as to the forgery of official document, the Defendant is consistent from the investigative agency to the lower court.

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