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(영문) 서울중앙지방법원 2018.06.28 2018고단2974

공문서위조등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in the trade name of “E” on Seocho-gu Seoul Metropolitan Government D and 2 floors.

In order to invite Chinese people to work at the restaurant of the defendant, or to get a visa necessary to extend the period of stay of Chinese people who work at the above restaurant, the defendant should submit "the details of acquisition of insured status by employment insurance" that employs Korean people in a certain size at the restaurant of the defendant, while the defendant's restaurant of the defendant did not work for the above Chinese people and thus, the defendant attempted to employ Chinese people by forging the above document by arbitrarily stating the personal information of Korean people who worked in the past at the restaurant of the defendant's person who acquired insured status as the defendant did not work for the above Chinese people, and by falsely inviting Chinese people or extending the period of stay of Chinese people.

1. On Nov. 1, 2013, the Defendant agreed to give 50,000 won to the non-indicted employees in the trade name PC located in the Defendant’s restaurant located in the Defendant’s restaurant, and then, the Defendant opened up the documents “the details of the acquisition of the insured status with employment insurance,” which the Defendant had previously held, and had the said employee enter the name, resident registration number, the date of acquiring the insured status, the monthly average remuneration, and the date of issuance of the said documents arbitrarily on Nov. 4, 2013, such documents as the name, resident registration number, Korean F, etc. who did not work in the Defendant’s restaurant using the computer program.

Accordingly, for the purpose of exercising public documents, the Defendant forged one copy of “the details of acquisition of insured status of employment insurance (for business use)” under the name of the head of the Seoul Southern Branch Office of Labor of Gangnam-gu Seoul.

The defendant continued to forge the above document.