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(영문) 부산지방법원 2013.06.13 2013고단2185
임금채권보장법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Busan Gangseo-gu, who is engaged in the shipbuilding equipment processing business by employing 12 full-time workers.

No substitute payment shall be made by fraud or other improper means.

Nevertheless, around April 10, 2010, the Defendant filed an application for substitute payment with four employees E, etc. of the above company, which was declared bankrupt as of February 12, 2010, with the Busan Regional Labor Agency located in Geum-dong, Geum-gu, Busan, and the Defendant received an additional payment for substitute payment of KRW 5,625,00 as of November 1, 2009, by falsely reporting that the actual retirement date was June 30, 2009, and individually using the substitute payment of KRW 5,625,00,00 in addition, the Defendant received payment for substitute payment of KRW 19,606,328 in the same manner as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each prosecutor's protocol of interrogation of defendants, E, F, and G to the prosecution

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 28 of the Wage Claim Guarantee Act, and choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (with regard to the fact that the substitute payment in this case was collected in full, the situation where the family is to support, reflectivity, etc. although it is not good to commit a crime).

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