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(영문) 수원지방법원 2016.01.21 2015고단5665

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates B, a corporation, which operates a entertainment business establishment, by inviting the number of foreigners of nationality of the Philippines, to dispatch them to workers at entertainment business establishments.

In order to obtain a visa (E-6) issued by foreign workers, the Defendant needs to conclude a contract for the dispatch of workers with the entertainment establishments designated as tourist convenience facilities. However, the Defendant abused that the above entertainment establishments did not confirm which foreign workers had been employed at the said entertainment establishments. By forging the contract for the dispatch of workers under the name of the representative of the pertinent entertainment establishments, the Defendant thought the number of foreign workers to enter the Republic of Korea.

1. On August 27, 2013, the Defendant: (a) without obtaining delegation from Suwon-si E business owner located in Suwon-si, Suwon-si, Suwon-si; (b) on October 15, 2013, 201, the Defendant sent the employee “H (H)” to D D located in Suwon-si; (c) sent the employee dispatch contract stating that KRW 1,80,000,000 shall be paid to the E business owner, who is the representative of the business owner, would have the employee dispatched by a computer; and (d) put the seal of F in advance to the name of the representative F.

From this point to October 6, 2014, the Defendant forged 7 copies of the contract for temporary placement of workers in the name of F, which is a private document on rights and obligations, on seven occasions in total, such as the list of crimes in the attached list of crimes.

2. On October 2, 2013, the Defendant: (a) requested G to apply for the issuance of a visa to a foreigner’s “I” in the Republic of Korea’s nationality at Suwon-si, Suwon-si; and (b) exercised the said investigation document by having the employee in charge, who is not aware of the forgery, submit a false worker dispatch contract in the name of F as described in paragraph (1) to the employee in charge.

From this point to October 6, 2014, the Defendant is as described in paragraph 1, in total, on seven occasions, as shown in the list of crimes in the same manner.