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(영문) 서울남부지방법원 2017.11.20 2017고정1748
보조금관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. located in Gyeonggi-si B.

No person shall receive any subsidy or indirect subsidy by filing a false application or by any other unlawful means.

Nevertheless, the Defendant came to know that it is entitled to receive subsidies from the employment center in the event that he is employed as an intern employee and is employed as a full-time employee by concluding an internship agreement to receive the internship employee through the operating agency that is entrusted with the business by the employment department (employment center). From June 17, 2013, the Defendant prepared a document as if he had a worker D who had already been employed and worked in advance as an operating agency through the management agency, which is an operating agency, to receive a subsidy and received a subsidy by unlawful means.

On June 17, 2013, the Defendant, who had been directly employed and worked in advance, was arranged through the Dispute Resolution Committee, and was employed as an intern employee from August 1, 2013 to December 31, 2013, and submitted related documents to the Dispute Resolution Committee, and received 4 million won internship subsidies from the Employment Center in the astronomicalan by submitting them to the Dispute Resolution Committee.

Accordingly, the suspected suspect was paid KRW 4 million from the employment center in the Ministry of Labor, which believed the content of the application by false application or fraudulent means by false application, etc. to the employee D’s 5 months from August 1, 2013 to December 31, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal accidents;

1. Application of Acts and subordinate statutes to internal investigation reports (main investigation data, application data, etc.);

1. Article 40 of the Act on the Management of Subsidies for Specific Crimes (amended by Act No. 12161, Jan. 1, 2014);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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