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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is a person who operated “C cafeteria” on the Goyang-gu B and the first floor from April 10, 2018 to December 25, 2018.
The defendant and D, after reporting false delayed payment of wages even though they did not actually work in the above restaurant, recruited people to request a substitute payment, made them prepare a false statement of delayed payment of wages and a request for the payment of small amount of substitute payments in their name, and conspired to receive a substitute payment by using it.
1. No person shall receive a substitute payment by fraudulent or other illegal means;
Around March 4, 2019, the Defendant and D made a false statement to the effect that D was in arrears with wages, and that D was issued with a business owner’s confirmation letter, such as overdue wages, etc., after the Defendant and D appeared at the above Goyang Labor Branch around March 7, 2019, even though D had not worked at the above “C cafeteria” at the Gyeyang-gu Incheon Labor Branch Office 50-ro, Seoyang-gu, Seoyang-gu, Yangyang-gu, Yangyang Labor Branch, and D had not worked normally at the above “C cafeteria.”
On April 10, 2019, the Defendant and D continued to prepare a written claim for a substitute payment in the name of the Korea Workers' Compensation & Welfare Corporation located in 1228 in the city of Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, and the Korea Workers' Compensation and Welfare Service (hereinafter referred to as the "Korea Workers' Compensation and Welfare Service") and attached documents necessary for a request for a substitute payment such as a business owner's confirmation, such as wages in arrears issued and a payment order, and submitted them to employees under the name of the victim and received KRW 4,00,000 from the Korea Workers' Compensation and Welfare Service.
As a result, the defendant received a substitute payment in collusion with D by fraud or other improper means, and at the same time, he/she received a property from the Korea Labor Welfare Corporation.
2. No person shall have another person receive a substitute payment by fraud or other improper means;