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(영문) 광주지방법원 2015.08.21 2015고단2065
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, who operates the “C” in Gwangju Northern-gu, is a person operating the “C”, and even if employing D and E as a social worker, cannot work for 40 hours a week, and if a social worker fails to work for 40 hours a week or more, he was aware that the said D and E had worked for 40 hours or more a week, he would receive a labor expense subsidy from the victim, while being aware that he could not receive a labor expense subsidy from the victim, even though he had employed D and E as a social worker.

1. Around November 7, 2011, the Defendant: (a) had access to the national information system by means of a computer in the above “C” around November 7, 201; (b) had been working for at least 40 hours a week even though D had not worked for at least 40 hours a week; and (c) filed a claim for a subsidy for personnel expenses of D; and (d) had been remitted KRW 860,00 from a public official in charge of the victim’s name to the Gwangju bank account in the name of “C” from the victim’s public official in charge; and (b) had been wired from that time to March 25, 2014 by means of the same 28 times as shown in attached Table 1.

2. On February 13, 2013, the Defendant: (a) had access to the national information system by means of a computer in the above “C” on February 13, 2013; (b) had been working for at least 40 hours a week despite the fact that the Defendant had not worked for at least 40 hours a week; and (c) had claimed for the subsidies for personnel expenses of E; and (d) had been remitted KRW 9.50,000 to the Gwangju bank account in the name of “C” from the person in charge of public official’s name to November 25, 2013; and (c) had been wired KRW 9,750,000 by the same method as indicated in the attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D (303 pages of investigation records);

1. Statement of F in copy of the police statement;

1.The application of the legislation in writing E. 1.

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