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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3648

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

From February 10, 2017 to December 31, 2017, the Defendant was a person who was a representative in the name of the “C” restaurant in the name of the Dongdong-gu B and the first floor in Gyeonggi-gu, Gyeonggi-do, and D is a person who actually operated the above restaurant.

The defendant and D, after reporting false delayed payment of wages even though they did not actually work in the above restaurant, recruited people to request a substitute payment, made them prepare a false statement of delayed payment of wages and a request for the payment of small amount of substitute payments in their name, and conspired to receive a substitute payment by using it.

1. Fraud or violation of the Wage Claim Guarantee Act;

(a) No person shall receive a substitute payment by fraudulent or other illegal means;

The Defendant and D, around July 9, 2018, made a false statement to the effect that the Defendant was present at the Gyeyang-gu High Labor Branch Office around 50, Seoyang-gu, Seoyang-gu, Soyang Labor Branch Office 50, Goyangyang Labor Branch 50, the Defendant was operating the above restaurant, and D, despite the fact that the Defendant was the actual user who was registered as the representative of the above restaurant, prepared and submitted a false statement as if the delayed payment occurred while the Defendant was working normally as an employee at the above restaurant, and the Defendant was issued a business owner’s confirmation certificate, such as overdue payment, after having attended the above High Labor Branch Office around July 23, 2018 and July 26, 2018.

On August 21, 2018, the Defendant and D continued to prepare a written claim for a small amount of substitute payment in the name of the Korea Workers' Compensation & Welfare Branch located in 1228 at the center of the Gyeonggi-gu Seoul Special Metropolitan City of Gyeonggi-gu, Gyeonggi-do, and the Gyeonggi-do. After submitting a written claim for substitute payment in the name of D, the Defendant and D attached documents necessary to request a business owner's confirmation, such as wages in arrears issued and payment order, and submit them to employees under the name of the victim and received KRW 3,850,000 from the Korea Workers' Compensation and Welfare Service on August 27,

Accordingly, the Defendant conspired with D, thereby making a false or other unlawful act.