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(영문) 인천지방법원 2013.12.19 2013고단7212

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the actual manager of the metal parts manufacturing industry chain (ju), and Defendant B is the employee of the labor law firm D.

The Defendants (State) conspired with E, the representative of workers of theC, and (B) around December 31, 2010, closed the business due to default, using the system that the Minister of Labor pays substitute payments such as wages and retirement allowances not paid to the retired workers on behalf of the employer due to the employer’s bankruptcy, etc. to the employees on behalf of the employer, and the fact is: (a) the unpaid wages to the employees of the C are not paid for one month or two months, but the unpaid wages are not paid as if the unpaid wages were paid for three months.

Defendant

B as if the unpaid wages for the C workers were three months, B prepared a false application for recognition of bankruptcy, etc., a substitute payment, and submitted a false statement to the above E, and the above E submitted a false statement to the effect that, around May 3, 2011, F was the business owner at the Incheon Central Employment and Labor Agency of Gyeyang-gu, Incheon, as the representative of workers, and the above E was the representative of workers. The Defendant A and the above E were present at the Incheon Northern Site Office on the 12th of the same month and submitted a false statement to the effect that, even if the unpaid wages for seven persons, such as the above E were not paid for the 11th of each month and the 2th of each month, the delayed payment was delayed for three months.

On the 16th of the same month after the 16th of the same month, the above Incheon Northern District Office submitted a written request for substitute payment stating false information, such as the statement of the "statement of application for substitute payment" through the attached Form to the victim, to the non-standing employees belonging to the Korea Workers' Compensation and Welfare Service, who are the victim, and received the total amount of KRW 13,679,990 as substitute payment for the seven persons, such as the above E, from the

Summary of Evidence

1. Defendants’ legal statement

1. E, G, H, I, J, K, and L.