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(영문) 인천지방법원 2013.11.28 2013고정3658

임금채권보장법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

From August 9, 2010 to September 19, 201, the Defendant served as an accounting employee in Yeonsu-gu Incheon as a stock company D in Yeonsu-gu Incheon.

On May 31, 2012, the Defendant registered E as an employee in order to divide monthly salary during the service period although he/she did not have worked in the above workplace, and applied for a false substitute payment under the name of E to the Jung-gu Incheon Metropolitan Office of Labor Affairs and Labor Office through the Certified Public Labor Affairs ConsultantF on June 2012, and received substitute payment 4,627,320 won in the name of the head of the Tong-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of opinions in relation to the preparation of G;

1. To apply Acts and subordinate statutes as a result of processing unemployment benefits, reporting on fraudulent receipt of unemployment benefits, and surveying whether substitute payments are unlawfully received;

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 1 of Article 28 of the former Wage Claim Guarantee Act (amended by Act No. 11277, Feb. 1, 2012);

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (the first crime committed by the defendant and his mistake is divided, and the motive and circumstance leading to the crime of this case, circumstances after the crime, etc. are considered);