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(영문) 의정부지방법원 고양지원 2020.04.29 2019고단3696
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 21, 2018, the Defendant: (a) was the representative director of C Co., Ltd. (hereinafter referred to as “C”); (b) was killed as a cargo-only elevator fall accident during the work of C; and (c) was under the responsibility of the Minister of Employment and Labor to request the employees to submit evidentiary materials on whether D, a cargo-only elevator fall; and (d) was provided with safety education on April 16, 2018. Although C had not provided the network D with safety education related to the cargo-only elevator, C had not provided the safety education on the cargo-only elevator at the same time, C had provided the network D with the safety education related to the cargo-only elevator; (c) was willing to arbitrarily enter the name and signature of the network D in the column of the participants of “safety and health education site” as of April 16, 2018.

On May 2018, the Defendant entered “D” voluntarily in the participants column of the “place of safety and health education” as of April 16, 2018, which was drawn up and kept in the C Office with a shot-clock, and entered the Defendant’s signature next thereto.

Accordingly, the defendant has forged his signature in the name of private signature D for the purpose of exercising his rights.

2. Around December 2018, the Defendant submitted the “place of safety and health education” as of April 16, 2018, when the network D’s private signature was forged on the part of the first citizen’s office in the Goyang-dong District Court of the Goyang-gu Seoul Special Metropolitan City, 209, Goyang-gu, Goyang-gu. The Defendant submitted the “place of safety and health education” as of April 16, 2018.

Accordingly, the defendant exercised his signature in the name of the network D, a forged private signature.

3. In fact, the Defendant attempted to commit fraud, around December 2018, even though C had not provided safety education on cargo-only elevators to the network D on April 16, 2018, the Defendant was liable for damages since C provided safety education on cargo-only elevators to the above network D in the damages claim lawsuit filed against the Defendant by the victim E, F, and G, the bereaved family members of the network, for the victim E, F, and G, for the 2018 Gohap75743 (C).

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