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(영문) 부산지방법원 2015.04.08 2015고정558

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the representative of Changwon-si, Changwon-si, a person who is in charge of overall business affairs of the said company, and D is a person who conducts business management consulting, agency business for various applications for national subsidies, etc. under the trade name of “F” in 602 of the building E in Busan, Dong-gu, Busan, and G is a person employed by D and assists in F’s business affairs.

In order to promote the employment of the aged who are difficult to find employment or change their occupation, the Republic of Korea grants a certain amount of subsidy, i.e., subsidies for extension of employment of the aged, in proportion to the number of the aged who continue to work according to the abolition or extension of the retirement age.

In addition to the above D, the Defendant, by abusing the fact that a public official in charge of the payment of subsidies for extension of employment of the aged submits the documents, such as the rules of employment, to verify the repeal and extension of the retirement age on the basis of the documents submitted by the public official upon receipt of evidentiary data on the requirements for payment of subsidies for extension of employment of the aged, received the above subsidies by extending the retirement age or by falsely preparing and submitting the rules of employment as if he abolished the retirement age.

Accordingly, the facts of the above D are as follows: (a) C did not have extended the retirement age from 55 to 60 on June 1, 2007 at the office in B, and (b) C did not have extended the retirement age from 60 on June 1, 2007; and (c) even if the retirement age was 60 on June 1, 2007, when the retirement age was extended from 55 to 60 on June 1, 2007, it would make the employment age falsely set forth the retirement age at 55 as if the retirement age was extended from 55 to 55; and (d) the Defendant affixed the rubber and seal of the representative of workers and the user representative of the above employment rules and affixed it to D; and (e) the above D applied for the above subsidies to the employee in charge of the Changwon Employment Center on the same day, and (e) January 1, 2005, the employment rules and the existing retirement age that was falsely set at 55 years as above.