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(영문) 부산지방법원 2015.04.09 2014고단8972
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative director of the F (State) in Seogu-gu, and G is a person who conducts business management consulting, vicariously files various applications for national subsidies, etc. with the trade name “I” in 602 of the H building in Busan Dong-gu, Busan, and J and K are employed by the said G and assist the work of I.

In order to promote the employment of the aged who are difficult to find employment or change their occupation, the Republic of Korea grants a certain amount of subsidy, i.e., subsidies for extension of employment of the aged, in proportion to the number of the aged who continue to work according to the abolition or extension of the retirement age.

The Defendant, along with the above G, J, and K, abused the fact that a public official in charge of the payment of subsidies for extension of employment of the aged is to abolish the retirement age and verify the extension of the retirement age on the sole basis of the documents submitted, including the rules of employment, by submitting employment rules, etc. as if he extended the retirement age or abolished the retirement age, or omitted the submission of the rules of employment, etc. with which the existing retirement age has been extended, and subsequently, was urged to pay approximately 20 to 30% of the above subsidies illegally received

Accordingly, the defendant at the F office around July 2013, the defendant did not have extended the retirement age from 55 to 60 on September 3, 2009 by F (the State). The F (the State)'s retirement age from 1999 by the collective agreement of the National taxi industry trade union was 60 years of age, but the former Rules of Employment (the State) and the retirement age set at 55 years of age set at 60 years of age set at 1987. The collective agreement of the National taxi industry trade union of September 3, 2009, which stipulates that the retirement age was set at 55 years of age, provides for G with the above subsidies, while G applied for the above subsidies to the employee in charge of the Daegu Seo-gu Deputy Labor Relations Office at that time, as if he extended the retirement age from 55 years of age to 60 years of age from September 3, 2009, the above Rules of Employment (the State) and the National taxi industry trade union of September 3, 2009.

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