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(영문) 대구지방법원 김천지원 2013.11.06 2013고정47
북한이탈주민의보호및정착지원에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall receive protection and settlement support for residents escaping from North Korea or have any other person receive protection or support by fraud or other improper means.

Nevertheless, around March 10, 201, the Defendant received employment incentive amounting to KRW 5,500,000 from the National Bank Account (Account Number (F) in the name of the Defendant from March 9, 2010 to March 10, 201, as if the Defendant was employed by the said company from March 9, 201, and was issued a false certificate of employment from D as if he/she had been employed by the said company. On the same day, the public official who was unable to know his/her name at the Employment Support Center of the Daegu Regional Employment and Labor Agency located in the Gu-U.S. Si office in the Gu-U. Si office in the Gu-U.S. Si office in the Gu-U.S. Si office was submitted to the public official who was unable to know his/her name during the said period and received employment incentive from the Minister of Unification by false or other unlawful means.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of witness D;

1. Some statements written by the prosecutor's protocol of interrogation of D (one right, 261 pages of investigation records) ;

1. Partial statements of each police interrogation protocol against the accused;

1. Each police suspect interrogation protocol regarding D (second right, 597 pages, 3 right, 87 pages);

1. Application of Acts and subordinate statutes to each investigation report (all documents related to applications for employment subsidies applied to the Ministry of Unification and documents related to employment subsidies);

1. Article 33 (1) of the Act on the Protection and Settlement Support of Residents escaping from North Korea and the selection of fines concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel served in the above company from March 9, 2010 to March 10, 201, and thus, North Korean defectors by fraud or other improper means.

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