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(영문) 서울동부지방법원 2019.02.13 2018고단2905
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On November 3, 2017, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution in the Cheongju District Court Assistance, and the above judgment became final and conclusive on November 11, 2017.

1. On August 2017, the Defendant: (a) operated a company “B” for the purpose of tin construction business; (b) entered into a contract for construction works of D Building with C (State) and Chungcheong City, thereby requiring a performance guarantee insurance policy.

Accordingly, around August 16, 2017, the Defendant, using a computer located in the Seoul Songpa-gu E building, the Defendant’s office in subparagraph F, for the purpose of exercising the “Performance(Advance) Policy” of the issuance of G (Advance) issued by the Defendant in connection with the past other construction works, and then entered “CH”, “Won 40,000,000” in the column of insurance coverage, “Won 17 August 2017 to 31, 2018 (167 days)” and “Won 236,50,000” in the column of insurance coverage, and “Won 16, 2017” in the column of the name of the main contract, “Won D Building Construction” and “Won 16, 2017” and “Won 236,50,000 after output” in the contract amount column.

Accordingly, the Defendant forged a performance (advance) guaranty insurance policy in the name of G, a private document on rights and obligations.

2. On August 16, 2017, the Defendant: (a) sent a forged performance guarantee insurance policy to C (the State) employee who is aware of the forgery by facsimile at the office of the KFB, as described in paragraph (1), as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to hear an I telephone statement of a witness);

1. A complaint, a copy of the performance guarantee insurance policy, a full certificate of registered matters, and a statement of claim for advance payment deposit;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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