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(영문) 서울동부지방법원 2019.03.27 2018고단3695

사문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 12, 2018, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution in Seoul Eastern District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and became final and conclusive on February 2, 2019.

As the representative director of the cleaning service company B, the Defendant entered into a cleaning service contract with C University on March 1, 2017 and received monthly payments from C University while providing cleaning services.

In the case of a government-funded contract, a service payment claim shall be paid along with a certificate of full payment of national and local taxes, a certificate of full payment of four insurance premiums (health insurance premiums, pension premiums, employment insurance premiums, and industrial accident insurance premiums). However, due to the financial aggravation of the above corporation B, it was impossible to issue a certificate of full payment due to the failure to pay the 4th insurance premiums from July 2017.

1. On July 31, 2017, the Defendant forged private document: (a) at the Seoul branch office of the National Health Insurance Corporation (Seoul Metropolitan Government) located under the name of the president of the National Health Insurance Corporation; (b) the file of “health insurance premium, pension premium, employment insurance premium, and certificate of full payment of industrial accident insurance premium” in the name of the president of the National Health Insurance Corporation; (c) the number of issuance using the computer program, “F”; (d) the insured (representative) “A”; (e) the date of birth of the representative “G”; and (e) the date of issuance as “G”; and (e) on August 1, 2017, the Defendant changed the issuance to “H, who is the general affairs of the C University and a public official, to request the payment of cleaning service fee, sent the file by e-mail, sent it in writing; and (e) prepared the National Health Insurance Corporation’s insurance premium, employment insurance premium, employment insurance premium, and certificate of full payment under the name of the president at least eight times from that date.

However, the defendant is a health insurance premium, pension premium, etc.