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(영문) 창원지방법원 통영지원 2017.02.02 2016고단1737

사기미수등

Text

1. Defendant A and H shall be punished by imprisonment with prison labor for a year and six months;

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant A’s representative director of Q Q Co., Ltd. (hereinafter “ Q”) located in Q at the time of Q (hereinafter “P”), Defendant C is an employee of the above company, who is engaged in the work on behalf of workers in the instant case, such as filing a complaint and application for substitute payment against the above company, and Defendant B is a hub that specializes in preparing a false attendance book, wage ledger, etc. necessary to apply for substitute payment. Defendant D and E are recruitment measures to recruit false workers according to Defendant A’s instructions, and Defendant F is an employee of Q Q’s (the head of the adjoining two head of the household).

1. Joint crimes committed by Defendant A, B, and C;

A. Violation of the Guarantee of Wage Claim Security Act and attempted fraud: (a) Defendant A neglected to pay wages to workers; (b) had the intent to unlawfully apply for substitute payment by abusing the system of substitute payment under the Guarantee of Wage Claim Security Act; (c) in around October 2015, Defendant B issued a false worker list he/she recruited to Defendant B; (d) demanded Defendant C to submit a false worker list; (e) written confirmation of application for substitute payment including false workers, copy of the passbook, etc. to the Busan Regional Labor Office Branch Office; and (e) Defendant B and C consented, upon receipt of the false worker list from A around February 2016, Defendant B and C prepared and delivered a false work book, wage ledger, etc. necessary for receiving substitute payment by delivery of the false worker list from A; and (e) Defendant C submitted a false confirmation of application for substitute payment in the name of the above workers, copy of the passbook, etc. to the Busan Regional Labor Office’s branch office around March 2015.

As a result, the Defendants conspired with Defendant D and E in sequential order, and attempted to defraud 25 workers by deceiving the Korea Workers’ Labor Welfare Service, such as in attached Table 1, thereby taking advantage of the total amount of 184,977,00 won of substitute payment for the said 25 workers, but was discovered during the process of examining substitute payment by the said Labour Service.

B. Defendant A’sless teachers and Defendant B and C’s accusation.