[Incheon Attorney Referral Assistance Case] A Suspended Sentence Obtained for the Crime of Forging an Official Document Through an Incheon Attorney Referral

This is the case of a client who visited Daeryun through an Incheon attorney referral.

While the client was employed, the company's bank account suffered a significant financial loss as a result of voice phishing.

The client, who was new to working life, was very frightened and urgently sought to borrow money, so he asked a friend and obtained a loan with the friend as a guarantor in order to resolve the matter.

However, during repayment of the debt, the payments became overdue due to family circumstances, and as a result the demands for payment directed at the friend who had served as guarantor grew severe, so

in an effort to reassure the friend, the client forged a written judgment stating that he had won a case.

However, the friend, who realized that it was a forged official document, filed a complaint against the client, and the client, facing the charge of forging an official document, requested the assistance of a Daeryun Incheon attorney to avoid an actual sentence.

▣ Article 225 of the Criminal Act (Forgery and Alteration of Official Documents, etc.)

A person who, with the intent to use it, forges or alters a document or drawing of a public official or a public office is subject to imprisonment for at least 1 year but not more than 10 years.

▣ Article 229 of the Criminal Act (Uttering of a Forged Official Document, etc.)

A person who utters a document, drawing, special media record such as an electronic record, authentic copy of a notarial deed, license, permit, certificate of registration, or passport made by a crime under Articles 225 through 228 is subject to the penalty prescribed for each respective crime.

▣ Article 230 of the Criminal Act (Unlawful Use of Official Documents, etc.)

A person who unlawfully uses a document or drawing of a public official or a public office is subject to imprisonment with or without labor for not more than 2 years or a fine of not more than 5 million won.

The attorney emphasized that the client was a first-time offender who had only been investigated in connection with this case and had no other history of investigation or any criminal record.

The attorney also emphasized that the client admitted his offense and, having belatedly realized how serious a wrong he had committed, was overcome with guilt and was reflecting deeply with heartfelt remorse.

The attorney emphasized that, although the client had hurriedly forged the written judgment after looking at a judgment template online, the name of the holder, the content of the order, and the purport of the application were written carelessly, so that

it was crude enough that anyone with some legal knowledge or who had seen a written judgment a few times could quickly recognize that it was a forgery.

The attorney emphasized that the complainant in this case also recognized that the written judgment was a forgery as soon as he received it from the client, and filed a complaint with the police.

The attorney emphasized that the client forged the official document on impulse in order to reassure the friend who had served as guarantor,

and that, for this reason, the client did not commit the offense with the intent to directly use the enforceability of the written judgment and decision he had fabricated.

In the case above, the client, who faced the risk of an actual sentence on charges of forging an official document and uttering a forged official document due to a written judgment forged on impulse to reassure a friend who had served as a joint guarantor,

received the assistance of a Daeryun Incheon attorney

and concluded the case with a suspended sentence.

In the case of forgery of an official document, as with this client, the same charge can apply not only to a written judgment but also when documents such as a license, identification card, or passport are forged.

In addition, even where, like the client, a person does not exercise a right using the forged official document, the "forgery" itself becomes a problem and the person may be brought to trial.

Therefore, where an official document has been forged, one must closely examine whether there are any aspects that, as a matter of legal doctrine, do not meet the elements of the crime,

and with the assistance of a specialist attorney, the trial may be conducted more readily.

If you face the risk of punishment for forgery of an official document or uttering a forged official document, you may reach out to Daeryun Law Firm at any time.