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(영문) 서울동부지방법원 2018.06.01 2018고정202
사문서위조등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was a person working as the management warden of the Seoul Gwangjin-gu Seoul Special Metropolitan City B commercial building security service.

As the increase of benefits to C is problematic, it was thought that the work contract with C was prepared without the consent of the operating committee members such as B of the above commercial building operation committee.

1. On April 7, 2017, the Defendant: (a) paid KRW 1.6 million monthly salary at the management office office located on the fourth floor of the foregoing combined commercial building; and (b) on the paper of the labor contract printed on “A” and “B”, the Defendant signed his/her name and affixed his/her seal on the right side of the “B commercial building” signed by C, and affixed his/her name and seal on the B’s official seal on the “B” page.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the labor contract in the name of the B Commercial Building Operation Association, which is a private document on rights and duties.

2. The Defendant, at the time and place specified in paragraph 1, exercised the forged labor contract as if it had been duly formed with C who was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with D (including each service contract attached thereto);

1. The application of Acts and subordinate statutes to investigation reports (to hear statements from complainants);

1. Relevant Article 231 of the Criminal Act, 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), and the selection of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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