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(영문) 부산지방법원 동부지원 2016.12.12 2016고단1138
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The Defendant is the president of the “D” (E-designated registration) who is a specialized educational institution for caregiver in the Busan Suwon-gu C6th floor.

1. In order to maintain it after being designated as an institute for caregiver education, it shall meet the standards for designation, such as employing not less than three full-time faculty members, including full-time faculty members and future faculty members, with a certain scale of facilities and structure;

The defendant, because he failed to meet the standards for instructors prescribed in the Welfare of Older Persons Act, is likely to cause suspension of business and cancellation of designation from Busan Viewing Province, he was willing to submit F to Busan Viewing with a forged standard work contract, etc. as if he had employed G as an external professor even though he did not employ G as an external professor.

On January 1, 2015, without authority, the Defendant, without authority, stated “A full-time lecturer”, “A from 9:0 to 18:0,” and “F” in the name column in the standard labor contract form using tamp-type tamp-type to be exercised by the pertinent education center, and signed the above F in his name. As such, the Defendant forged one of the standard labor contract form in the name of F, a private document concerning rights and obligations as above. B. The Defendant, without authority for the purpose of exercising his duties at the same time and at the same place, entered “A lecturer”, “A from 9:0 to 18,” and “G” in the name column, and signed the above G in his name.

Accordingly, the Defendant forged the standard labor contract in G name, which is a private document on the rights and obligations as above.

C. On January 19, 2015, the Defendant: (a) in Busan 1001 as the center of the Busan Y, which was located in the city of Busan Y; (b) as if the document was a document that duly formed two copies of a forged standard labor contract to a public official I who is aware of the forgery.

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