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(영문) 대전지방법원 논산지원 2018.07.24 2018고단153
장애인고용촉진및직업재활법위반
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the agricultural corporation B, which is located in C at the time of arguments.

On February 13, 2012, the Defendant applied for the employment incentive of disabled persons to the Daejeon Branch of the Korea Employment Agency for Disabled Persons of the Republic of Korea (Seoul through December) in the second half of 2011, and submitted a list of disabled workers and a detailed statement of the amount of wages as if he/she had paid the amount of wages not lower than the minimum wage, even if he/she paid the amount of wages to disabled D and E from July 201 to December 201.

Defendant filed a false subsidy for employment of disabled persons with the Daejeon Branch of the Korea Disabled Persons Employment Agency, and received KRW 4,000,000 from the Daejeon Branch of the Korea Disabled Persons Employment Agency around March 14, 2012, and received KRW 229,743,00 as shown in the attached list of crimes from November 16, 2015.

2. Defendant B Co., Ltd. committed the same offense as described in paragraph (1) in relation to the business of Defendant B, the representative director of the Defendant, at the time and place of paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. A written answer by the guardian of each worker involved in the investigation of the grant (G, H), and a worker's answer related to the investigation of the grant;

1. Applications, etc. for subsidies for employment of disabled persons;

1. A detailed list of applications for employment incentives and details of execution thereof;

1. Details of transactions in the accounts of the Saemaul Bank in the name of D, and transactions in the accounts of the Saemaul Bank in the name of E;

1. Application of Acts and subordinate statutes to investigative reports (where any data are attached, such as confirmation and investigation of employment incentives);

1. Article 84 of the Act on Promotion of Employment of Persons with Disabilities and subparagraph A of the choice of punishment regarding facts constituting an offense: Article 84 of the Act on Vocational Rehabilitation.

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