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(영문) 의정부지방법원 고양지원 2018.08.10 2018고정616
사문서위조등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who serves as an accounting staff at the Seo-gu, Seoyang-gu, Busan Metropolitan City management office.

1. Forging a private document;

A. On November 2017, the Defendant, at the “B management office” of the above management office, found that he/she was working as a senior engineer at the above management office, and found that the labor contract of the retired management office C was not kept in the document file of the retired employee, and signed the name of the above C in the form of “work contract (regular employee): “Period: from May 22, 2017 to the date on which his/her retirement age comes”, “work place and type: B/her management office in which he/she is located, period of occupation, news article, “work hours and type of work: 24 hours”, “wages: 2,630,847 won and/or month”; “C’s name and resident number” and then printed it.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the labor contract in the name of C, which is a private document on rights and obligations.

B. At the time and place set forth in Paragraph 1-A, the Defendant signed this pledge in the form of “written oath” using a computer installed therein, because he/she agreed with the representative meeting pursuant to his/her own free and obvious will with respect to the following matters, with respect to a labor contract and attached thereto, while serving in the position of the senior management office at the same time and place:

In writing, “C’s name, resident number, and affiliation,” etc. were written and printed and signed next to C’s name.

Accordingly, for the purpose of exercising, the Defendant forged a written oath under C, a private document on rights and obligations.

2. The Defendant, as stated in paragraph (1), kept and exercised the forged labor contract and the pledge in the document files within the above management office, as if the said investigation document was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to forgery of a labor contract (regular employees) or a written oath;

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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