(영문) 서울중앙지방법원 2018.4.6. 선고 2018고합30 판결

Defendant A shall be punished by imprisonment with prison labor for four years, by Defendant B, and by imprisonment for one year and six months: Provided, That with respect to Defendant B and C, the execution of each of the above punishments shall be suspended for three years from the date this judgment becomes final and conclusive. Defendant B and C shall be ordered to provide community service for 160 hours each.

Reasons

Criminal facts

[1] Vocational skills development training is conducted for 10 workers. 2.0 . 1. 2 . 2 . 1 . 1 . 2 . 2 . 1 . 3 . 1 . 2 . 1 . 2 . 2 . . 3 . 6 . 1 . 2 . 1 . 3 . 2 . 1 . 2 . 3 . 1 . 2 . 1 . 3 . 2 . . 1 . . 3 . 1 . 6 . . 2 . . 3 . 1 . 1 . . 3 . . 1 . . 3 . . . 1 . . . 1 . . . 3 . . . . 1 . . 2 . . 1 . . . . 2 . . . . 3 . . . . . . . . 6 . . . . 1 . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . to be to be for . . . . . . . . . . . .. . .... . . .. . ..... ............. ............................................... ............................ ... ........ ............................ ........................... .......................... ..................... ................... .... ...... ............ ...... .................. .... .. . .. .... . ... . . . . .. . . . . . . . . . . . . . . . . . . . . . . ................... ....

Defendant A entered distance training under the name of Korea Transportation Safety Authority professor, N, etc. as a teacher or instructor, and entered friendships, etc. as M’s employee by falsely registering them. ② Defendant A, an employee of M, etc., without paying teaching materials, had a trainee subject to distance training visit each workplace to create a ID with personal information of trainees and conduct a proxy training and proxy training without paying teaching materials, and the trainee completed the training as if the trainee satisfies the requirements for the payment of subsidies, ③ prepare an application for the cost of vocational skills development training on behalf of the taxi/ bus transportation company owner who entrusted distance training, and submit it to the Human Resources Development Service of Korea to obtain training allowances and appropriate it in return for the provision of distance training for M’s mail. Defendant B and Defendant B were aware of the fact that mail training during the period of service did not meet the requirements for recognition of distance training and the direction of proxy training, and Defendant A did not perform the duties of proxy training.

[Criminal Facts of Crimes: (a) around June 22, 2016, the Defendants agreed to provide remote education for the subject of the second-month course from 200 to 20.5, and (b) the above office located in Guro-gu Park 51 (Guro-dong), and (c) did not meet the requirements for remote education recognition and payment of subsidies in the same manner as above, and (d) met the requirements for remote education support in the 20-day, 205, 197, 205, 197, 207, 197, 205, 197, 207, 205, 207, 205, 30, 190, 190, 190, 205, 205, 205, 206, 197, 205, 206, 305, 207, 305, 2016,

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol prepared by each police officer's statement of AW, AY, Q, Q, R, S, U,V, W, Y, AA, AB, AC, AD, AE, AE, AF, AH, AI, AK, AK, AL, AM, Am, AP, AP, AP, AS, AS, AS, ATS, AU, AV, and BF; 1. Each protocol of statement prepared by each police officer's statement of AX, AY, BA, BB, N, B, B, BE, and BF;

1. Each internal investigation report (verification related to training teaching materials, instructions for conducting an interview for the use of part-time trainees, verification of reported data on remote lifelong education facilities operated by suspect A, response to data of the Korea Employment Information Service, and current status of the M employees);

1. Each investigation report (as a result of the final training data analysis, work instruction fees, Kakakao group hosting content, process of submitting data, response to evaluation of the Review and Assessment Service and process of trade change of M, details of unlawful manipulation by Lms, result of analysis of evaluation response, false registration of prize committee members and substitute numbers, false registration of false personnel, registration of false personnel, confirmation of the counterpart of distance trainees, results of analysis of M and A accounts;

1. A report on the analysis of digital evidence;

1. A certified copy, removed copy, and family relation certificate of each resident registration;

1. Results of Lms analysis (five rights for investigation records);

1. Training entrustment contract, tax invoice, and ledger of non-explosion of teaching materials (seven books of investigation records);

1. Application of Acts and subordinate statutes to the evaluation answer sheet and the interview list (investigative records, the number of trainees present at the meeting (investigative records 8);

1. Article applicable to criminal facts;

Defendants: Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 347(1) and 30 of the Criminal Act (General Provisions)

1. Discretionary mitigation;

Defendant B and C: Each of the Articles 53 and 55(1)3 of the Criminal Code (The following consideration of favorable circumstances among the reasons for sentencing)

1. Suspension of execution;

Defendant B and C: Each Criminal Code Article 62(1)(hereinafter the following sentencing grounds)

Defendant B and C: Each Criminal Code Article 62-2

Reasons for sentencing

1. The scope of punishment by law;

(a) Defendant A: Three years to thirty years;

B. Defendant B and C: one year and six months to fifteen years;

2. The scope of recommending sentencing criteria: Defendants.

[Determination of Punishment] The amount of not less than 50 million won for general fraud, and less than 5 billion won for fraud (Type 3)

【Special Convicted Person】

[Scope of Recommendation] Three to Six years (Basic Area)

3. Determination of sentence;

(a) common unfavorable circumstances;

Although Defendants conspired and failed to meet both the “requirements for the recognition of remote training” and “requirements for the payment of subsidies”, they deceptioned a person in charge of the Human Resources Development Service of Korea as if they met the above requirements and acquired money as a subsidy for remote training. These crimes undermine the financial stability of the Employment Insurance Fund prepared to prevent and promote unemployment, develop and improve workers’ vocational abilities, and ultimately, the Republic of Korea and the insured who bear the relevant expenses are damaged. Although there are differences in the degree of participation in the crime by Defendant, the total period of crime exceeds 6 years, and the total amount of fraud exceeds 1.7 billion won. The core of the remote training, which forms the basis for the payment of subsidies, such as training through teaching materials, evaluation, and lottery, was not ordinarily performed. There was no damage reimbursement, such as the return of subsidies.

B. Individual circumstances

In addition to the above circumstances, the sentence shall be determined as ordered by comprehensively taking into account the following individual circumstances of the Defendants, their age, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, as well as all the factors of sentencing as shown in the arguments, including records and arguments (with respect to Defendants B and C, a sentence lower than the lower limit of the recommended sentence according to the sentencing guidelines, taking into account the following favorable circumstances in particular).

1) Defendant A: Four years of imprisonment;

As the representative director of M, the crime was led from the beginning. For the maintenance of high institution evaluation rating, the business closure and establishment of the company was repeated, a false tax invoice was issued without receiving training expenses from the business owner, and the business owner made payment of subsidies to 5-7% and 5-7% of the subsidies. A considerable portion of the criminal proceeds was maintained. The Defendant asserted that there was no personal benefit, such as office rent, etc., but the Defendant asserted that there was a large amount of fixed expenses, but the expenses claimed by the Defendant are not considered as the expense for the crime to obtain money, and the objective data on such expenses were not submitted. Rather, the Defendant appears to have brought criminal proceeds under the pretext of the payment for officers and the payment for employees who made false registration. Upon the commencement of the investigation, the Defendant attempted to conceal the crime by having the employees, etc. make a false statement.

The circumstances favorable to ○○: (a) the Defendant is the first offender, and is led to the confession of the crime; (b) the Defendant asserts that the pre-assessment index of the traffic bill of the education company was improved by taking into account the favorable circumstances, but the evaluation index cannot be considered to have been generally improved by only the materials about some enterprises. Even if the family evaluation index was improved, there are various factors affecting the index, but it cannot be deemed that the education effect of the Defendant did not run properly. Therefore, this part is not considered.

2) Defendant B and C: Imprisonment with prison labor for one year and six months, and three years of suspended execution.

The favorable circumstances of ○: M’s employee actively participated in the crime only during the period of his/her service. They do not consume or hold the criminal proceeds other than the wages received from A. All the primary offenders, and confessions the crime, and in particular, Defendant C has recognized his/her mistake from the time when the first investigation was commenced.

Judges

The presiding judge, the Full Judge Line

Judges Kang Jin-han

Judges Do Residents-ho

Note tin

1) Article 2 subparagraph 1 of the Act on the Development of Workplace Skills of Workers

2) Article 2 subparag. 6 of the Regulations on Assistance to Workplace Skill Development Training by Employers

3) Article 2 subparagraph 9 of the Regulations on Assistance to Workplace Skill Development Training by Employers

4) Article 2 subparag. 11 of the Regulations on Assistance to Workplace Skill Development Training by Employers

5) Article 6 subparag. 4 of the Regulations on Assistance to Workplace Skill Development Training by Employers

6) Article 13 of the Regulations on Assistance to Workplace Skill Development Training by Employers

7) Article 18(2) of the Regulations on Assistance to Workplace Skill Development Training by Employers

8) Article 11(1)3 of the Regulations on Assistance to Workplace Skill Development Training by Employers

Attached Form

A person shall be appointed.

참조조문

-근로자직업능력 개발법 제2조 제1호

-특정경제범죄 가중처벌 등에 관한 법률

-특정경제범죄 가중처벌 등에 관한 법률 제3조 제1항 제2호

유사 판례

-서울중앙지방법원 2018.04.06 2018고합30

-서울행정법원 2015.12.03 2014구합19698

-광주지방법원 2020.02.07 2018고합231

-서울행정법원 2018.11.21. 선고 2017구단72488 판결

-서울행정법원 2018.12.13 2018구단65463