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(영문) 부산지방법원 2015.02.09 2014고단8971
사기등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as C of the (ju) Masung-si located in Daegu-gu Government Bond Compensation No. 82, is a person in charge of overall management of the said company. D is a person engaged in business management consulting, vicarious performance of various applications for State subsidies, etc. under the trade name of “F” in 602, Busan-dong E-gu, Busan-gu, and G is a person employed by D to assist in F’s work.

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.

In addition to the above D, G, etc., the Defendant abused the fact that a public official in charge of the payment of subsidies for extension of employment of the aged submits evidentiary documents, such as the rules of employment, to verify the abolishment and extension of the retirement age based solely on the documents submitted as evidence of the requirements for payment, and subsequently, was paid the above subsidies by submitting the rules of employment as if he extended the retirement age or abolished the retirement age by falsely preparing and submitting the rules of employment as if he abolished the retirement age. The Defendant

Accordingly, the above D had not extended the retirement age from 55 to 60 years of age on January 1, 2009 at the office of the Hongsung-si on May 1, 2013, and the facts are as follows: (i) Hosung-si did not have extended the retirement age from 55 to 60 years of age on January 1, 2009; (ii) even if the retirement age was 60 years, the rules of employment on July 1, 2007 stipulating the retirement age as 55 years of age were set falsely; (iii) the Defendant received the signature and seal of the chairperson of the Trade Union under the above rules of employment, signed and sealed the company rubber and seal impression to the above G; and (iv) applied for the above subsidies to the employees of the Daegu Seo-gu Busan-si Employment Center on the same day.

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