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(영문) 울산지방법원 2020.04.09 2019고단4330

북한이탈주민의보호및정착지원에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates C in Busan High-gu B.

With respect to an employer who employs a person eligible for protection of employment who is a North Korean refugee, the Minister of Unification shall not receive any employment subsidy that may be paid within the limit of 1/2 of the wage for such person eligible for protection of employment, or allow any other person to receive such subsidy

On July 4, 2013, the Defendant applied for employment subsidies for employment benefits to D with employment benefits for four months after February 24, 2013, as the Defendant employed North Korean defectors to the above C at the Busan Northern Employment Center located in 9, Busan Northern District, Busan, as the name of the Republic of Korea.

However, in fact, D is not eligible for employment support for residents escaping from North Korea, such as that he/she is employed regularly in C and has not worked for at least 15 days a month for at least six months.

As above, the Defendant deceivings a public official in charge of the office for supporting the settlement of North Korean defectors belonging to the Ministry of Unification, and received KRW 2,00,000 from the Ministry of Unification to the account under the name of the Defendant for the quarterly employment subsidy on October 11, 2013 for D around February 201, 2013, and received the employment subsidy by fraud or other improper means from around that time to December 30, 2016, including the transfer of KRW 2,00,000 from the Defendant’s account under the name of the Defendant for the quarterly employment subsidy for D, 3,00,000 in total as indicated in the crime list (1) and the crime list (2).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to G, H and I;

1. Guidance on employment subsidies;

1. Application of each application for employment subsidy, insurance history inquiry, benefit ledger, passbook copy, and statutes applicable to details of transactions;

1. Article 33 (1) of the Act on the Protection and Settlement Support of Residents escaping from North Korea and choice of imprisonment with prison labor concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.