beta
Text
Defendant
A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of ten months.
However, as to the Defendants, this is against the Defendants.
Reasons
Punishment of the crime
Defendant
A from May 2006, from May 2006, he served as the representative director of (ju) E of the wood processing company in Seo-gu Incheon, and Defendant B as the so-called business president of the above company.
1. (State) When Defendant A was unable to pay wages, factory rents, taxes, etc. to employees due to the difficulties in the management of the company, the Defendants used a system that provides substitute payments such as wages, retirement allowances, etc. to employees on behalf of the employer due to the employer’s bankruptcy, etc., the Defendants: (a) they applied for substitute payments as if they were bankrupt, and (b) they applied for substitute payments as if they were to have continued to operate jointly; and (c) they applied for substitute payments as if they were to have been bankrupt.
On June 15, 2010, the Defendants established (State)G in the name of Defendant A’s wife in the same place. Around the 30th day of the same month, the Defendants pretended the bankruptcy of the said State EE by succeeding the factories, machinery, workers, etc. from the said State by succeeding the entire employees of the State E to the said State.
On August 18, 2010, the Defendants submitted an application for recognition of bankruptcy, etc. with respect to (ju) E by designating H as an employee at the Central Employment and Labor Agency of Gyeyang-gu Incheon Metropolitan City as the representative of workers at the Central Employment and Labor Agency of Gyeyang-gu. On September 8, 2010, the Defendants were notified by the public officials of the above Incheon Northern Site Office that believed it to be true.
The Defendants submitted a written claim for substitute payment for the above H and 27 others through the Incheon Northern Northern Site Office to the non-standing employees belonging to the Korea Workers' Compensation and Welfare Service, who are the victims, and received the recognition of the fact of bankruptcy, etc. in a normal condition, the Defendants received the total of KRW 120,318,090 as substitute payment from the victims around November 18, 2010 and received substitute payment by fraudulent means.
2. (State) The Defendants are the main traders of (State)G around March 7, 2012.