사기등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than three months.
Defendant of the Prosecutor.
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., six months of imprisonment, two years of suspended sentence, eight months of imprisonment, and two years of suspended sentence) is too unfasible and unfair.
2. Determination
A. In light of the fact that the defendant's error in judgment against the defendant A is recognized and divided, and that the defendant applied for a substitute payment for the overdue wages and retirement allowances of the worker in the above company when the company in which the defendant actually operated closed its business due to dishonor, the defendant applied for a substitute payment for the above company's employees' overdue wages and retirement allowances, which led to the crime of this case in order to preserve the bonus that he did not have any time but has business difficulties at the time of the worker's employment, or the portion not preserved as substitute payment for the worker in the long-term service, and the defendant has no criminal power of the same kind as the crime of this case, and other various circumstances that are conditions for sentencing as indicated in the records, such as character, behavior, environment, occupation and family relations
B. The judgment of Defendant B has favorable conditions, such as the confession of the instant crime and the pening of the Defendant, and the fact that the Defendant has no criminal record other than the minor fine.
However, in order to receive the substitute payment by fraudulent means under the direction of the defendant, who is a labor company, the act of this case, submitted documents containing false information to the State agency and received the substitute payment by fraudulent means, and thus, the crime of this case is not less complicated, but may interfere with the sound operation of the substitute payment system in order to promote the stable livelihood of workers who are forced to retire due to the employer's bankruptcy, etc., and the amount of the substitute payment claimed by illegal means is not small, and the defendant is a substitute payment exceeding 10-20% of the substitute payment, which is an ordinary fee, by using the above circumstances.