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(영문) 부산지방법원 2009.1.23.선고 2008고단6913 판결

사기,사기미수

Cases

208False 6913 Fraudulents, Fraudulents

Defendant

A (Reved in 73) and XX Representative Director

Prosecutor

Kim Jong-hun

Imposition of Judgment

January 23, 2009

Text

Defendant shall be punished by a fine of KRW 4,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

Reasons

Criminal facts

When the Defendant came to know that, in order to promote employment of the elderly, disabled, female head, etc. who are software developers in the Nam-gu Busan Metropolitan City, the Defendant applied for job-seeking with the employment support center in order to promote employment of the elderly, disabled, and female head, the Defendant received new employment promotion subsidy from the State to the business owner who employs those who meet certain requirements from one month to six months after he applied for job-seeking to the Ministry of Labor. As such, the Defendant submitted false data as if he newly employs workers who do not meet the above payment requirements, and received the said subsidy and received it as business funds.

1. On February 26, 2006, the defendant submitted an application for new employment promotion subsidy to the above center's name and in fact, the Busan Regional Labor Office's Busan Regional Labor Office's Busan Regional Labor Office's Busan Central High Area Center's total amount of money from the victim's new employment promotion subsidy on June 9, 2006 to the above center's company's employment before three months have passed since he applied for employment to the above center's above center's above company's employment on March 26, 2006, which was before the above center's employment. Thus, although the defendant company's employment for three months after the application for job-seeking, he did not meet the above payment requirement of the above incentive's unemployment. However, on April 11, 2006, the defendant company employed the above B and prepared a false employment contract and wage ledger with the above center's employment promotion subsidy from the victim to the above center's total amount of money by deceiving the victim's bank's name and 30 days in the above list 207.7 days.

2. On August 2, 2007, the Defendant submitted an application for new employment promotion subsidy for a youth business operator who falsely prepared the employment contract and wage ledger from April 10, 2007 to the employee under the name of the above center without knowledge of the fact that the Defendant would receive 600,000 won from the victim of the above center under the pretext of the above incentives, and attempted to receive 600,000 won from the victim of the above center under the pretext of the above incentives, which was discovered to the employee in charge of the above service and did not achieve that intent, even though the Defendant had already registered the application for employment promotion to C on December 3, 2007 from December 26, 2006.

3. On Aug. 2, 2007, the defendant submitted to the above center a false application for new employment promotion subsidy to a young person with employment contract and wage ledger attached to the above D as if the above D had worked for the defendant company on Dec. 26, 2006, which was three months before D applied for the job to the above center on Dec. 14, 2006, but it did not fall under the requirement for payment of the above incentive, which was called "vocational condition for three months after the application for job-seeking". However, the defendant did not fall under the requirement for payment of the above incentive. However, since Apr. 10, 2007, the defendant submitted an application for new employment promotion subsidy to a young person with employment contract and wage ledger attached to the above D falsely prepared as if he had worked for the defendant company, the defendant attempted to receive 600,000 won from the victim of the above center under the above incentive, and did not commit it and did not commit it.

Summary of Evidence

omitted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 352 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judges

Judges Go Jae-in