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(영문) 의정부지방법원 고양지원 2018.02.23 2017고단2703
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 16, 2015, the Defendant: (a) was employed by the cleaning service company operated by C in the “D”; (b) was engaged in cleaning the theater from around July 16, 2015; and (c) went away on February 28, 2017.

On December 12, 2015, the Defendant knew that a retirement certificate is required to receive a basic living pension with the recognition of a basic recipient, and, on the other hand, stated that “The name A of the retirement certificate, the date of entry, September 15, 2015, the date of retirement, and the reason for retirement, are difficult, and thus, trade name D, the representative: C” to be submitted to the welfare department of the citizens of the Dong-gu Incheon Metropolitan City, Busan Metropolitan City, with the knowledge that it is necessary to receive a retirement certificate.

Accordingly, the Defendant forged a retirement certificate in the name of C, which is a private document on rights and obligations.

2. On December 12, 2016, the Defendant: (a) submitted a forged retirement certificate, as described in the preceding paragraph, to a public official in charge of the welfare division of the citizens of the Dong-dong, Busan-gu, U.S., Dong-gu, 1256 at the center of Goyang-si, Seoyang-si; and (b) exercised the said certificate as if it were a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of Acts and subordinate statutes governing official certificates and retirement certificates to the Si/Gun/Gu office in Ansan-dong;

1. Relevant provisions of the Criminal Act and Articles 231 of the Criminal Act (the point of Article 231 of the Private Document, the choice of imprisonment), 234 and 231 of the Criminal Act (the point of exercising the above investigation document and the choice of imprisonment);

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

1. Where a person who has made a change, etc. in the basic area (six months to two years) (referring to any person who has made a special sentencing) of the types (six months to two years), the basic area (referring to the forgery, alteration, etc. of private documents) of those types 1 (the forgery, alteration, etc. of private documents) according to the sentencing guidelines has used the relevant or altered document;

2. The instant crime of determining sentence is disadvantageous to the Defendant’s use of a private document in order to maintain the eligibility for basic pension benefits.

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