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(영문) 의정부지방법원 고양지원 2014.12.18 2014고정1065

사기등

Text

Defendant

A A Fine of 1,00,000 won, Defendant B of a fine of 2,00,000 won, Defendant C of a fine of 2,00,000 won, and Defendant D of a fine of 2,00,000 won.

Reasons

Punishment of the crime

N from September 15, 2006 to August 31, 2012, N runs the clothing and forest processing business, etc. under the trade name of Q from the O's underground floor in the Gyeonggi-si, Gyeonggi-si, by lending the name of spouse P. From September 15, 2006 to August 31, 2012. From September 201, N moved its place of business to the third floor in the same name of R, and then, the Defendants are the employees of Q.

1. Defendants’ joint criminal conduct

(a) Where an employer falls under any cause, such as bankruptcy, the Minister of Employment and Labor violates the Wage Claim Guarantee Act shall, on behalf of the employer, make a substitute payment on behalf of the employer when the retired employee requests the payment of wages, etc. that have not been paid, and no person shall receive substitute payment by fraudulent or other illegal means.

Nevertheless, around June 2012, N has aggravated the garment processing business's economy, the profitability of which has deteriorated, and due to the failure to pay national taxes and debt burden, the Defendants and T received substitute payment by fraudulent means, and the Defendants and T have attempted to obtain it by fraud.

N paid the Defendants and T wages in cash from June 2012 to August 2012. From August 2012, 2012, N proposed that the Defendants and T receive substitute payments as above from the above Q Q place of business, and from the Defendants and T, workers who worked in Q Q, receive substitute payments as above. At that time, N attempted to receive substitute payments in a fraudulent way with the consent of T and receive substitute payments and obtain them by fraud.

Defendant

E and Defendant F submitted a written petition as if N was in arrears of wages at the above high labor branch office around December 10, 2012, to pretend the delayed payment of wages at U, V, T and the above high labor branch office through certified labor affairs consultant W, and T submitted an application for fact-finding, such as bankruptcy, in order to pretend Q to go bankrupt, at the above high labor branch office on December 28, 2012, and N submitted an application for fact-finding, such as bankruptcy, in Q through the above W, and around April 3, 2013. < Amended by Act No. 11788, Apr. 3, 2013>