beta
(영문) 인천지방법원 2020.09.09 2020고정789

사문서위조

Text

Defendant shall be punished by a fine of KRW 500,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the operator of the LAB, and C has been working from August 11, 2016 to April 2018 in the above LAB.

The Defendant, within the “B office in Gyeyang-gu Incheon Metropolitan City,” without the consent of C in the form of an employment contract, arbitrarily made use of the official approval color pen in the “C”, “office position”, “management department” in the “employment department”, “from September 1, 2016”, “from August 30, 2016”, “C” and “C” in the worker’s name column, and “C” in the worker’s name column.

Accordingly, for the purpose of exercising, the Defendant forged a letter of employment contract in the name of C, a private document on rights and obligations.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to the police written statement concerning C;

1. Comprehensively taking account of the evidence duly adopted and examined by this court, Article 231 of the pertinent Act and Article 231 of the Criminal Act regarding criminal facts, the Defendant entered into a labor contract with C around August 10, 2016 with C, stating that the Defendant would have entered into a labor contract with C, not a regular employment contract form, but an empty A4, and written a labor contract signed by C with C, and that the Defendant entered the written labor contract with C for the purpose of purchasing four major insurance in the name of C and keeping the place of business (Evidence Nos. 7 and hereinafter “instant labor contract”).

A. The document was written without C’s explicit consent, and the signature of C of “worker” of the above employment contract was written voluntarily by the Defendant. ③ The working days, holidays, etc. stated in the instant employment contract are different from the actual working conditions with C, ④ The written employment contract was completely not known to C around April 2018, and around September 2019.

참조조문