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(영문) 수원지방법원 평택지원 2016.09.21 2016고정341

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who served as the head of the B school administration office from July 1, 2001 to July 17, 2015.

1. On June 28, 2012, the Defendant forged a private document: (a) in the B school administration office located in Pyeongtaek-si C; and (b) using a computer, “B principal D shall employ E as an administrative substitute.

“Preparation of the “Labor Contract for Administrative Substitute Manpower” to the purport that “, but without obtaining D’s approval, the work was performed as E from July 2, 2012, and D retired on August 31, 2012.

On November 19, 2012, the Defendant: (a) at the B School Administrative Office around November 19, 2012, concerns that the recruitment process of E would be a problem in the process of the Office of Education’s audit; (b) was arbitrarily angled by the name of “B principal D” at the end of the “Labor Contract for Administrative Substitute Manpower”, which was prepared without authority, for the purpose of exercising the

D’s seal was affixed.

Accordingly, the Defendant forged the Chapter D’s “Labor Contract for Administrative Substitute Manpower” under the name of a private document related to rights and obligations.

2. In order to prepare for the office of education’s audit at the above date, time, and place, the Defendant kept a forged “work contract for administrative substitute workers” in the personnel document file as if the document was a document duly prepared.

Accordingly, the defendant exercised the above investigation document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the labor contract for substitute administrative manpower, and the application of such existing Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act and the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.