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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2011 Highest 4300] The defendant is an employer who employs five regular workers as a representative of the company B company in Gyeonggi-gu, Suwon-si.
The Defendant, while working in the company from October 1, 2009 to January 28, 2010, did not pay KRW 1,600,000 for the portion of January 1, 2010, which was retired from office, within 14 days from the date when the cause for payment occurred without an agreement between the parties to the payment extension, and did not pay KRW 23,985,000 for the total amount of wages of 11 workers as indicated in the attached list of crimes.
[2011 Highest 4839] Although the Defendant received subcontracting around June 5, 2009 from E and received the employee identification of E Co., Ltd. from E during the construction of a new site for D University life, the Defendant had the above employee identification, despite having agreed to not use the said employee’s identification in matters related to the construction cost, such as purchase of materials, etc., the Defendant had the said employee identification, and had the intent to acquire the goods from the victim by forging the contract for the supply of construction materials under the above E’s name.
1. Around October 20, 2009, the Defendant: (a) entered into a construction site at the Dongjak-gu Seoul National University, Seoul National University; (b) the Defendant’s employees F using a computer; (c) the clients E (hereinafter referred to as “E”) and contractors G (hereinafter referred to as “B”) enter into a contract for the supply of construction materials or the progress of construction works in accordance with the following provisions and the terms and conditions of the contract; (d) the name of the contract: the delivery of the name lighting equipment for construction works at the D National University: the contract amount: Won 104,50,000 won; and (e) the client’s representative H: (a) put the seals of the E representative director on the back of his/her name.
Accordingly, for the purpose of exercising, the Defendant forged a contract under the name of E representative director H, a private document related to rights and obligations.
2. The Defendant in the event of the above investigation document was forged to I operating G at the same time and at the same place as Paragraph 1.