A Case of Assistance With Forgery of an Official Document | Forgery of an Official Document to Change a Foreign National's Visa, Non-Prosecution

The client was a manager at a small or medium-sized enterprise in charge of managing foreign workers.

At the time, two foreign workers asked the client to change their visa status, and in this process the submission of certificates confirming full payment of the company's national and local taxes was essential.

However, the company was in arrears on its taxes at the time, which made it impossible to obtain the full-payment certificates.

The client was well aware that, if the visa change were not possible, the workers risked becoming undocumented upon expiration of their period of stay or being forced to return to their home country.

Above all, he found it deeply unfortunate that the workers' visa changes could be frustrated through no fault of their own, but rather because of the company's tax arrears.

At this point, the client recalled that another foreign worker at the same company already held a full-payment certificate that had been issued.

He then edited the company name and address on that certificate so that it appeared to be a new full-payment certificate, attached it to the visa change applications, and filed them online.

Because of this, the client was referred to the investigative authorities on suspicion of forgery of an official document, use of a forged official document, and violation of the Immigration Act.

The criminal law attorney emphasized that the client had not forged the document simply at the company's direction or for his own personal benefit, but that the matter had arisen in the course of trying to resolve the residence problem of the foreign workers amid the company's structural limitations, such as its tax arrears.

To explain this, the criminal law attorney submitted the following materials.

Through these, the attorney objectively explained that the suspect's conduct had arisen from a humanitarian judgment rather than from systematic criminal activity.

The criminal law attorney emphasized that there was little to be gained from criminal punishment, on the grounds that the client fully admitted the offense and was deeply remorseful, had no prior criminal record whatsoever, and had worked diligently at a single workplace for a long time.

In addition, through petitions and statements voluntarily submitted by fellow foreign workers, the attorney highlighted that the client was a diligent worker who had ordinarily worked devotedly for the sake of his colleagues.

Grounds for Mitigating Circumstances

The criminal law attorney emphasized in particular, referring to the civil war situation in the foreign workers' home country, that the client had sought to help extend their residence status on humanitarian grounds, going beyond merely providing convenience.

In addition, to support the fact that the foreign colleagues regarded the suspect as “someone who had protected them,” the attorney submitted audio recordings, a signature campaign, petitions, and the like, and persuasively presented that the suspect's motive for his conduct had been pure.

Forgery of an official document is a crime that is established when, with the intent to use it, a person forges or alters a document or drawing of a public official or public office.

If the client's offense were recognized, he faced a situation in which he could be subject to the following punishment.

Level of Punishment

Article 229 of the Criminal Act provides that the same level of punishment may be imposed even where such a forged official document is actually used.

In other words, not only the act of forging a document but also the act of submitting or attempting to use it is treated as a serious crime, and this was a matter in which the possibility of an actual custodial sentence was very high.

However, through the criminal law attorney's active explanation and concrete materials, it was possible to defend against punishment on the charges of forgery and use of an official document.

Daeryun LLC has a substantial number of attorneys, including criminal law specialist attorneys registered with the Korean Bar Association as well as attorneys who have handled a wide range of criminal cases.

Through a dedicated consultation attorney system, the firm quickly grasps the issues and the gravity of a case, and through the assignment of a dedicated attorney, it systematically supports the entire process, from analysis of the facts and collection of evidence to responding to the investigative authorities.

In addition, even after a case concludes, the firm operates a follow-up management system to help clients recover socially and professionally.

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