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Defendant
A Imprisonment for 6 months, Defendant B shall be punished by a fine of 7,000,000 won.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A is the representative director of the Plaintiff Company B (hereinafter “B”), and, with the knowledge that Jeju Special Self-Governing Province was conducting a “(preliminary) job creation business” (hereinafter “the instant business”) with the content that the Defendant would provide subsidies for part of the personnel expenses when employing the vulnerable class, etc. to participate in the job creation business from March 9, 2012, Defendant A knew that Jeju Special Self-Governing Province had been employed as an employee for the purpose of participating in the job creation business, Defendant A had already worked in the said factory before January 20, 2012, which is the public announcement date of the said business, prepared and submitted a false labor contract, etc. as if he had employed the employees after the public announcement date of the said business, and entered into an agreement on support for the job creation business with the victim (preliminary) social enterprises on March 9, 2012.
On May 23, 2012, the Defendant: (a) prepared an application for subsidies for job creation projects of prospective social enterprises from around April 23, 2012 to the effect that he/she newly employed workers E from around April 2012; and (b) prepared and attached a false employment contract, etc. as if he/she newly employed workers E at the above time, submitted the said application to F with the economic policy of the victim and the public official in charge of the economic policy
However, the facts of E had already been employed by the above factory around September 15, 201, and had not been newly employed around April 23, 2012.
Nevertheless, the Defendant, by means of preparing and submitting a false labor contract, etc. as above, received KRW 256,480,00 from F as the name of funding for personnel expenses around May 10, 2012, from B to the deposit account (Account Number G) in the Jeju Bank in the name of Jeju Bank, and received KRW 7,182,950 in total nine times from the above date to January 2012, as shown in the crime list (E), as shown in the attached Table of Crimes (E).
In this respect, the defendant induces the public official in charge of the victim to acquire property at the same time.