Calculators & Self-ChecksProsecution Request Estimator
Causing false entries in official records, and using them: statutory penalty and likely requested sentence
The statutory penalty for Causing false entries in official records, and using them and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 10 million
- Legal basis
- Criminal Act, Articles 228(1) and 229
- Category
- Other
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 1 year 6 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 8 months to 2 years in prison
Summary fine
- Likely fine
- KRW 3 million or more
If there was no actual harm or only a little, the case is handled with a fine.
Notes
- A suspension of indictment is also possible in cases such as when the couple is living a normal married life after the offense, or when the foreign national has already been deported.
Frequently asked questions
- Causing false entries in official records, and using them: what is the statutory penalty?
- Legal basis: Criminal Act, Articles 228(1) and 229. Statutory penalty: Up to 5 years in prison or a fine of up to KRW 10 million.
- Causing false entries in official records, and using them: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Employing foreigners staying illegally
- Brokering employment of foreigners staying illegally
- False invitation of foreigners
- Illegal entry (smuggling into Korea)
- False entry in public electronic records (sham marriage, etc.)
- Forging and using a public document
- Forging and using a private document
- Obstruction of business
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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