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(영문) 인천지방법원 2014.07.18 2014고정2007
사문서위조등
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been in charge of accounting, funds and general affairs in D Co., Ltd., the representative director of which is C.

On November 5, 2013, at around 14:30, the Defendant: (a) delegated employment subsidies for the aged, etc. requested by G, the head of the F Team of the labor law firm, without the consent of the above C, at the office of D Co., Ltd. located in Nam-gu Incheon Metropolitan City, the Defendant drafted “11” and “5” as “5” on the date of confirmation of the delegation agreement; and (b) written “D” in the column of the delegating, and marked the employees of the said company on the side of the said company’s trade name.

On the date of confirmation, the Defendant continued to affix the name plate of the company "C of the representative director of the D Co., Ltd." to the delegated person (trade name), representative, address, and business registration number column of the power of attorney, and made the name plate "13," "1," "5," "D," "C," and "C," in the name of the delegated person (trade name) and "C," and put the name of the company back to the above C name.

As such, the Defendant, for the purpose of exercising a certificate of fact, forged the delegation agreement and the power of attorney in the name of D, a private document related to the certification of fact, respectively. As seen above, the Defendant exercised the forged delegation agreement and the power of attorney to G, a team leader of the labor law firm, as if they were the document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of delegation agreements and delegation statutes;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of fines, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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