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(영문) 수원지방법원 2016.08.25 2015고단6242
공문서위조등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around December 2013, the Defendant forged official document: at the Defendant’s office located in Seongdong-gu Seoul Metropolitan Government on the license for advertisement of the electronic sign board of D D D Building in Seocho-gu, Seoul, the Defendant stored a license for displaying outdoor advertising materials, etc. (issuance No. E) under the name of the head of Seocho-gu Seoul Metropolitan Government on the right to permit advertisement of D D Building in a computer; the date of issuance by using a computer is “F, Jun. 17, 2013” from “the date of issuance by means of a computer” to “as of July 5, 2013”; the advertising column is “name: (main) F, F, and address: name: (H) and address: ( second floor of I building in Gangnam-gu Seoul Metropolitan Government; and “name: J. (F.); name: address in Seoul Special Metropolitan City; address in Seoul Special Metropolitan City; name and address in Seoul Special Metropolitan City; name and address in Seoul Special Metropolitan City; name and address in Seoul.

Accordingly, the defendant, for the purpose of uttering, forged one copy of the display permit, such as an advertisement on the advertiser (the week) in the name of the head of Seocho-gu Seoul Metropolitan Government who is an official document.

2. The Defendant, at the same place as before the end of December, 2013, issued a false official document display permit, such as a forged rooftop advertising advertisement, to the operator of the advertising agency (ju) KK, without knowledge of the fact.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L and M;

1. Statement by the police concerning L;

1. A written accusation (including attached documents), and a certificate of permission for labeling, such as outdoor advertising products (Counterfeits);

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether permission for outdoor advertising products is forged);

1. Relevant Article 225 of the Criminal Act and Articles 229 and 225 of the Criminal Act concerning facts constituting an offense (the point of uttering of forged official document);

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. The scope of the punishment recommended according to the sentencing guidelines under Article 62(1) of the Criminal Act (including the fact that the defendant recognized his/her mistake with respect to the crime of forging a public document and reflects his/her mistake, and there are no criminal records exceeding the same kind of criminal records and fines).

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