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(영문) 의정부지방법원 고양지원 2020.06.05 2020고단280

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On September 19, 2019, the Defendant was sentenced to two years of suspension of execution in six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts on Occupational Authority, etc.), and the said judgment became final and conclusive on December 23, 2019.

【Criminal Facts】

The Defendant, from February 10 to December 31, 2017, was a person who actually operated the “C” restaurant on the first floor in Yongsan-gu, U.S., U.S.-dong B and U.S., Gyeonggi-do, and Gyeonggi-do, and D was a person who was a representative in the name of the above restaurant; and E was a person who operated the “G Goyang-gu F and Dec. 25, 2018” on the first floor from April 10, 2018 to December 2018.

1. The Defendant and D, who actually did not work in the above “C” restaurant, reported false delayed payment of wages, and thereafter recruited persons who requested substitute payment, made them prepare a false wage delayed payment and a written claim for small amount of substitute payment in their name, and solicited them to receive substitute payment using it. A.

No one who violates the Wage Claim Guarantee Act shall receive a substitute payment by fraud or other improper means.

Around July 9, 2018, the Defendant and D made a false statement to the effect that the Defendant was in arrears with wages, etc. at the Gyeyang-gu Incheon Labor Branch Office and the Ministry of Employment and Labor, and the Ministry of Employment and Labor, at the Yangyang Labor Branch Office, and that the Defendant was in fact operating the above restaurant, despite the fact, D used by the Defendant registered as the representative of the above restaurant in the above restaurant to normally work as a worker at the above restaurant, and submitted a false statement as if the delayed payment occurred. D, around July 23, 2018 and July 26, 2018, made a false statement to the effect that the Defendant was in arrears with wages, etc., and received a written confirmation of the employer, such as wages in arrears, etc.

On August 21, 2018, the defendant and D continue to be the defendant and D are the branch offices of the Korea Workers' Compensation & Welfare Service, which are located in 1228 at the center of the Dong-dong-gu Seoul Special Metropolitan City, Gyeonggi-do.