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Deals & Cases

Unlawful Use of an Official Document

A Criminal Case Attorney's Assistance | Defendant in an Unlawful Use of an Official Document Case, Suspension of Sentencing

The client who requested a consultation from a criminal case attorney came to this firm ahead of a police investigation on suspicion of using a disabled-parking permit issued in the name of his deceased father (unlawful use of an official document).

CONTENTS
  • 1. The Client Who Came to a Criminal Case Attorney
    • - How the Client Became Involved in the Unlawful Use of an Official Document Case
  • 2. Unlawful Use of an Official Document, Explained by a Criminal Case Attorney
    • - The Issues in the Unlawful Use of an Official Document Case
  • 3. The Criminal Case Attorney's Assistance
    • - Acknowledgment of Facts and Establishment of the Defense Theory
    • - Gathering Evidence and Proving the Circumstances
    • - Submission of Materials on Personal and Social Background and an Appeal for Leniency
  • 4. The Criminal Case Attorney's Result, Suspension of Sentencing
    • - If You Have Become Involved in an Unlawful Use of an Official Document Case
    • - Unlawful Use of an Official Document FAQ

1. The Client Who Came to a Criminal Case Attorney

The client who came to a criminal case attorney was placed under investigation on suspicion of unlawful use of an official document, and requested this firm's assistance in seeking leniency.

How the Client Became Involved in the Unlawful Use of an Official Document Case

Even after the death of the client's father, who had been a person of national merit and a person with a disability, the client kept the disabled-only parking permit issued in his father's name.


As occasions to take his mother, who had difficulty moving, to the hospital became more frequent, he unavoidably used the parking permit about three times.


Such conduct could legally constitute ‘unlawful use of an official document,’ and ultimately the client became subject to a police investigation.

During the investigation, the client acknowledged the facts, and as a result a summary order had been issued.


However, given the nature of his occupation, the client was in a very difficult position, as he could suffer serious disadvantages, such as removal from his position, if a fine were finalized.


The client therefore requested a formal trial and sought the assistance of a criminal case attorney in order to obtain the greatest possible leniency.

Criminal Case Attorney, Unlawful Use of an Official Document, Criminal Act Violation Case

2. Unlawful Use of an Official Document, Explained by a Criminal Case Attorney

The charge against this client, handled by the criminal case attorney, was ‘unlawful use of an official document.’

Unlawful use of an official document refers to a case in which a document, certificate, or token issued by a state agency or public institution is arbitrarily used by a person who lacks the designated purpose or qualification, or is improperly exercised by a person who is not its rightful holder.

Article 230 of the Criminal Act provides for the following punishment for such conduct.

Level of Punishment for Unlawful Use of an Official Document

Article 230 of the Criminal Act

Level of Punishment

A person who unlawfully uses a document or drawing of a public official or public office

Imprisonment with or without labor for not more than two years or a fine not exceeding 5 million won

The Issues in the Unlawful Use of an Official Document Case

In this case as well, because a disabled-only parking permit constitutes an official document or token issued by a public institution, if a person who is not the eligible holder uses it, the crime of ‘unlawful use of an official document’ may be established.


In other words, the client's use of the parking permit even after his father's death became a legal problem and made him subject to investigation and punishment.

3. The Criminal Case Attorney's Assistance

Criminal Case Attorney's Assistance, Unlawful Use of an Official Document

For the unlawful use of an official document case, the criminal case attorney prepared the written opinion, organized the evidence, and prepared the courtroom argument in accordance with the following key points.

Acknowledgment of Facts and Establishment of the Defense Theory

The core issue in this case was that the client used the disabled-only parking permit even after his father's death.

Because unlawful use of an official document can be established by the ‘use without legitimate authority’ alone, a strategy of simply denying the offense or attempting to justify it could have worked to the client's disadvantage.

Accordingly, the criminal attorney set as the basic direction of the defense having the client acknowledge the facts of the offense while consistently showing a remorseful attitude.

In particular, he emphasized that the use was temporary rather than habitual or for profit, based on grounds such as the extremely limited number of uses and the immediate payment of the administrative fine when it was imposed.

This made it possible to give the court the impression that the offense was not intentional or planned.

Gathering Evidence and Proving the Circumstances

Another issue was the question of “why the client specifically used the parking permit issued in his father's name.”

If the purpose was mere convenience, it would be difficult to obtain mitigating consideration.

Accordingly, the criminal attorney submitted medical records and administrative agency notices proving the client's mother's difficulty in moving and the reasons she could not be registered as a person with a disability.

He also presented specific facts, such as the structure of the vehicle that made it difficult to load a wheelchair and that all of the times of use coincided with the mother's hospital visits.

Through this, it was possible to prove that the use of the parking permit was an unavoidable choice arising purely from the purpose of caring for family, and the circumstances were conveyed persuasively to the court.

Submission of Materials on Personal and Social Background and an Appeal for Leniency

Finally, the greatest problem for the client was the occupational disadvantage.

If even a fine were finalized, removal from his position would be unavoidable, and his livelihood could be threatened.

Accordingly, the criminal attorney emphasized that the client was a first-time offender and supported, with a petition and a certificate of employment, the fact that he had long cared for his ailing mother.

He also highlighted that the client had clear social ties and that the likelihood of reoffending was markedly low, and strongly argued the need to allow the client to maintain his social function through leniency.

4. The Criminal Case Attorney's Result, Suspension of Sentencing

Criminal Case Attorney's Result, Suspension of Sentencing, Removal from Position

Based on the above materials and arguments, the criminal case attorney appealed for leniency in court, and the court, comprehensively considering the client's motive and circumstances for the offense as well as the social disadvantages, issued a decision to suspend the sentencing on the charge of unlawful use of an official document.

What Is Suspension of Sentencing?

Suspension of sentencing refers to a system under which the pronouncement of a sentence is deferred for a certain period, and if that period passes without incident, the case is deemed to have been acquitted.

Accordingly, the client was able to minimize disadvantages to his status, such as removal from his position.

If You Have Become Involved in an Unlawful Use of an Official Document Case

If you are facing an investigation or trial on charges such as unlawful use of an official document, it is important to quickly consult a specialist, organize the evidence, and prepare grounds for mitigating consideration.

Daeryun Law Firm includes many attorneys with experience in handling various criminal cases, including criminal law specialist attorneys registered with the Korean Bar Association.

Through a consultation-dedicated attorney system, the firm quickly identifies the issues of a case, and through the assignment of a case-dedicated attorney, it establishes a response strategy tailored to the client.

If you are facing difficulty in a similar situation, 🔗Legal Consultation Reservation is available at any time, and we invite you to entrust your case to us.

Unlawful Use of an Official Document FAQ

Q. Attorney, in an unlawful use of an official document case, what does the police focus on investigating?

A. The police do not determine whether to punish based solely on the fact of possessing a parking permit or token. They first confirm whether there was an actual act of use. They also carefully examine factors such as the number and period of uses, the purpose of use, and elements warranting mitigating consideration. Therefore, from the suspect's standpoint, it is important to organize the facts and give statements so that it is clearly distinguished whether the matter is mere possession or intentional unlawful use.

Q. Attorney, are there cases in which unlawful use of an official document is not established?

A. Yes. Unlawful use of an official document is not recognized in every situation. If the document was merely kept without actual use, or if there was legitimate authority to use the official document, unlawful use of an official document is not established. In other words, whether the crime is established may vary depending on the purpose and circumstances of the conduct, and it is very important to specifically explain these circumstances at the early investigation stage.

형사사건변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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