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(영문) 서울중앙지방법원 2017.09.21 2016고합1394
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A person shall be punished by imprisonment with prison labor for the crimes of KRW 5,00,000 as stated in the judgment of the defendant, and for the crimes of KRW 2 as stated in the judgment.

Reasons

Punishment of the crime

[criminal records] On July 17, 2014, the Defendant was sentenced to a suspended sentence of two years on October, 10 and the judgment became final and conclusive on December 24, 2014, due to a crime of obstructing the performance of special duties at the Seoul Central District Court.

[Criminal facts] 2017 Gohap 67

1. The Defendant in violation of the Labor Standards Act is an employer who regularly employs six full-time workers while operating C in Gangnam-gu Seoul, Seoul and 2, and engages in the KIKO restaurant business.

From December 1, 2015 to February 17, 2016, the Defendant retired from the said workplace without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 2,820,00,000, total amount of wages of 22 employees within 14 days from the date of the retirement, as shown in the annexed crime list, as well as without any agreement on the extension of the payment deadline between the parties concerned, within 14 days from the date of the retirement.

" 2017 Gohap 68"

2. On May 21, 2013, the Defendant drafted a real estate lease agreement with respect to the entire D 2-story commercial buildings located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, with a computer around May 21, 2013, “All the second floor” in the column of the location, “one guarantee amount: KRW 400,000,000 per day: KRW 24,000,000 per day (on the last day of each month)” in the column of the contract, and “the amount of KRW 0,000 per day gold shall be paid to the lessor at the time of the contract.”

The phrase “F reconstruction Project Association” and “G (State) Representative I” are written in the lessor column and printed out in the lessee column with the description of the other terms and conditions of the lease, and had been in possession of the name in advance.

I affixed a seal in the name of the I.

Accordingly, the Defendant, for the purpose of uttering, forges one copy of the real estate lease agreement in the name of I, a private document on rights and obligations, and presents the forged real estate lease agreement to the second commercial building members who knew of forgery at that time.

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