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(영문) 서울동부지방법원 2018.11.13 2018고정1047

사문서위조등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is in charge of the guard and parking management of the Seoul Songpa-gu Seoul building from January 1, 2017 to December 31, 2017, as an employee in charge of the victim BB corporation’s contractual position who mainly engages in the management of the building and housing.

On December 31, 2017, the Defendant, at the time of the termination of the period of the labor contract, had the injured person notified the termination of the contract without the renewal of the contract, filed an application for unfair dismissal with D to receive benefits during the period of dismissal.

1. On April 1, 2017, the Defendant forged a copy of the labor contract (e.g., the seal affixed to the name of E of the Director of the C Building Management Affairs at a place where it is unknown at the beginning and around the place, and then made a signature on the part of the contractor’s name by using a verification color pen. The column for the contract period is “from January 1, 2017 to December 31, 2018” as “from January 1, 2017,” and the date of preparation was written as “Defendant’s resident registration number, address, telephone number, name, and then written in the contractor’s column and signed on the name side.”

Accordingly, for the purpose of exercising, the Defendant forged one chapter of the labor contract in the name of the complainant, who is a private document on rights and duties.

2. Around March 5, 2018, the Defendant: (a) submitted a copy of the “labor contract” forged to D’s F investigators who knew of the forgery; (b) as if so, the Defendant had been genuine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports (Submission of additional documentary evidence by a complainant) and labor contract Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the selection of fines for the crime;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which has a history of criminal punishment against the defendant for a false accusation, and the defendant is affiliated with D.