beta
(영문) 창원지방법원 진주지원 2017.11.17 2017고정304

사문서위조등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 3, 2016, the Defendant decided to work as C’s management warden from March 3, 2016, and drafted a labor contract with the term of contract from March 3, 2016 to December 31, 2016.

The Defendant, without authority, was already drafted around March 3, 2016 at the above C management office around June 2016 for the purpose of exercising, without authority.

C put in the paper of the labor contract under the name of C resident representative D, and revised one copy of the labor contract under the name of C resident representative D, which is a private document related to rights and obligations, in order to additionally print the content of the contract “(from March 3 to June 2)” in the margin for the contract term.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A copy of the self-employed contract on March 3, 2016 (the defendant had no purpose to exercise the contract)

However, it is alleged that the act of keeping the modified labor contract in the document file of C management office constitutes the exercise of the altered document, and its purpose is recognized).

Application of Statutes

1. Relevant Article 231 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On September 3, 2016, the Defendant: (a) without authority at the C management office located in Jinju-si; (b) without authority for the purpose of exercising; (c) from June 3, 2016 to the retirement age; and (d) the employer (A): (a) stated, “C resident representative D; and (b) the employee (A): A; (c) affixed the seal of the representative chairperson of C resident representative D; and (d) forged one copy of the labor contract under the name of C resident representative D, which is a private document related to rights and obligations, by sealing the seal of the representative chairperson of C who was holding for apartment management on the name

2. The legal statement of the E witness E, the application for the arrest, and