Forgery of Private Documents: Elements of the Offense and Penalties

What Is Forgery of Private Documents?

Forgery of private documents is the crime of forging or altering another person's document or drawing concerning rights, obligations, or proof of facts, with intent to use it. It is set out in Article 231 of the Korean Criminal Act. Because everyday documents such as loan agreements (IOUs), contracts, powers of attorney, and receipts can all fall within its scope, this offense reaches surprisingly far.

Here, "forgery" means that a person without authority to draw up a document creates a new document in another person's name, while "alteration" means changing the content of an already existing genuine document without authority. Making a document by arbitrarily using someone else's signature or seal amounts to forgery, whereas changing an amount or a date amounts to alteration.

Elements of the Offense of Forgery of Private Documents

First, there must be an intent to use the document. This refers to the intent to use the forged document as if it were genuine; whether it was actually used has no bearing on whether the offense is established.

Second, the document must concern rights, obligations, or proof of facts. This includes not only documents relating to the creation, modification, or extinguishment of rights and obligations, such as contracts and loan agreements, but also documents that prove facts important to a transaction, such as résumés and letters of recommendation.

Third, the document must be in another person's name. Drawing up a document in someone's name without that person's consent constitutes forgery. According to case law, drawing up a document beyond the scope of a comprehensive delegation, or in anticipation of later consent, may also be treated as forgery. Even among family members, arbitrarily drawing up a document in the name of one's spouse or parent can constitute the offense.

Severity of Punishment and Related Offenses

Forgery of private documents and alteration of private documents are punishable by imprisonment for up to 5 years or a criminal fine of up to KRW 10 million. If a forged or altered document is actually used, the offense of uttering a forged private document under Article 234 of the Korean Criminal Act is established separately and carries the same penalty. Typically, the forgery and the uttering are prosecuted together, which has the effect of increasing the punishment.

Drawing up a private document by usurping another person's qualification (Article 232 of the Korean Criminal Act) and the creation or alteration of false private electromagnetic records (Article 232-2 of the Korean Criminal Act) are related offenses set out in the same chapter. As documents in the form of electronic files have become widespread, cases involving the falsification of electromagnetic records are also on the rise.

Meanwhile, forging a document in the name of a public official or public office triggers the offense of forgery of official documents (Article 225 of the Korean Criminal Act), which is punished far more severely with imprisonment for up to 10 years. Resident registration cards, certificates of registered seal impression, and various documents issued by government offices fall into this category.

Cases That Frequently Arise in Practice

Representative examples include altering the amount or repayment date written on a loan agreement during a monetary dispute, retroactively modifying a lease agreement, arbitrarily drawing up a power of attorney in a family member's name to use it for real estate or financial transactions, and fabricating a certificate of employment in order to get a job. In many cases, the authenticity of a document submitted as evidence in a civil dispute is contested, which then escalates into a criminal complaint.

Why You Need the Assistance of a Criminal Defense Attorney

Document crimes involve many issues where the facts and the legal principles are intertwined, such as whether there was authority to draw up the document, whether the named person consented, and whether the intent to use it is recognized, and in most cases they proceed simultaneously with a civil dispute. Because evidentiary battles over matters such as handwriting analysis and document examination are also fierce, it is important to obtain the assistance of a criminal defense attorney from the early stages of the case and to build a strategy that addresses both the civil and criminal sides.

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