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(영문) 광주지방법원 2013.04.11 2012고정2652

임금채권보장법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall receive a substitute payment by fraudulent or other illegal means.

Nevertheless, as the Defendant goes bankrupt, even though D is not a worker of D, D has conspired with E by making the false resignation and the false statement of overdue money and valuables, etc. to the effect that D would have retired because D would not receive wages while working at D (State).

After that, on August 23, 2009, E prepares a false resignation statement to the effect that D lending its name from D is working in (State)C from April 1, 2009 to August 31, 2009, and that D is required to resign from wages due to delayed payment, and the Defendant, as the representative of D, approved the false resignation statement.

Since then, on September 21, 2009, E submitted a substitute payment claim made in the name of D at the office of the Gwangju Labor Welfare Corporation's regional headquarters in Gwangju-dong, Gwangju-dong, Gwangju-dong, and documents such as a false resignation, and received KRW 7,800,000 as substitute payment from the Korea Labor Welfare Corporation on October 1, 2009.

Accordingly, the defendant received 7,800,000 won of substitute payment in collusion with E by improper means.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Protocol concerning the suspect interrogation of E (E part of the statement);

1. Application of Acts and subordinate statutes on account details;

1. Relevant provisions of the Wage Claim Guarantee Act, subparagraph 1 of Article 28 of the Wage Claim Guarantee Act, and Article 30 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;