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(영문) 대전지방법원 홍성지원 2016.02.17 2012고단1101 (2)
임금채권보장법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 1101]

1. No person who commits a joint crime by fraud or other improper means shall make a false report, prove, or submit false documents so that he/she may receive substitute payment.

Nevertheless, the Defendants, despite the fact that it is difficult for Defendant A to operate the H convalescent Hospital located in Hongsung-gun G with its existing operation, stated that the number of the employees in question and the total amount of 376,225,802 won of the wages in arrears and retirement allowances in arrears, the amount of 58,958,510 won in arrears and the amount of 4th insurance premium, and the amount of 8.4 billion won in the event that the operation of the hospital is difficult due to seizure due to an auction, the Defendants changed only the name of the representative of the above hospital to Defendant A and the actual operation of the hospital. Defendant A and B entered into an agreement on February 13, 2012 with the above content at the above hospital, and the Defendants also entered into the written indictment on February 14, 2012. However, it is clear that this is a correction of any clerical error as above.”

A notary public 72-36, South-dong, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, certified the above agreement at a law firm mission office.

On February 15, 2012, the Defendants agreed to file a report on the closure of business with the above hospital under the name of the Defendant A, changed their representative to Defendant B, and conspired to file an application for substitute payment with the Labor Welfare Corporation as if the Defendant concealed the above agreement and actually discontinued the hospital, and Defendant C filed an application for recognition of the fact of closure, such as bankruptcy, with the Military Service Office Branch Office of the former Local Employment and Labor Agency of the 42-Gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and the fact of bankruptcy, etc. on March 21, 2012, the Defendants submitted false proof of the fact of closure, which is indicated as the representative of the Defendant A, and on March 29, 2012, the Defendants were investigated by the said Office of Labor and Labor

H Statemented that the convalescent was closed, ipso facto, and that the I convalescent was not related to the I convalescent.

Accordingly, the Defendants conspired with each other.

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