However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

No person shall have another person receive a substitute payment by fraud or other improper means.

The Defendant, who was running a corporation C in Sinnam-gun B, was bankrupt of the company. The Defendant raised a substitute payment with some workers for a larger amount of the unpaid wages and retirement allowances than the unpaid wages and retirement allowances to be divided.

Notwithstanding that there is no wage or retirement allowance payable to the above C C, E, or F, or even small amount of money and valuables as stated in the application for substitute payment, the Defendant: (a) requested G to submit to the employee in charge of the payment of substitute payment, a statement of calculation of substitute payment, a statement of calculation of average wages, and a statement of calculation of retirement allowances at the original regional headquarters of the Korea Labor Welfare Corporation located in Changwon-si on September 18, 2015; and (b) demanded the employee in charge of the payment of substitute payment to the said employee on September 25, 2015.

Accordingly, the Defendant, as seen above, received a substitute payment of KRW 21,094,430 from a total of three workers as stated in the attached list of crimes by falsely preparing the substitute payment amount and applying for the payment, and, at the same time, deceiving the head of the original regional headquarters of the Victim Labor Welfare Corporation and defrauded the amount equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes in the protocol of making a statement with respect to H and G;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Article 28(1)2 of the Security of Wage Claims (the fact that a substitute payment is made by another person to be denied), and each choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the fact that the crime of this case is not good, strict punishment against the accused is required.

However, the defendant.