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(영문) 부산지방법원 2009.8.18.선고 2009고단2956 판결
사기
Cases

209 Highest 2956 Fraudulent

Defendant

A (70 years old, South)

Prosecutor

Suspension Decree

Defense Counsel

Attorney Park Gi-won (National Assembly)

Imposition of Judgment

August 18, 2009

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

피고인은 부산 부산진구 가야동 산 ○에 있는 대학교 산학협력관 330호에서, 소프트웨어 개발업체인 주식회사 ◆을 운영한 사람이다.

In order to promote the employment of elderly people, disabled persons, female heads, youth workers, etc. who are particularly difficult to find employment under the ordinary conditions of the labor market, the defendant knew that he/she grants new employment promotion grants to employers who employ workers meeting certain requirements, such as those aged above 29 years and below 29 years from the time he/she registered with the employment security office, etc., and did not meet the requirements for the payment of new employment promotion grants by submitting false materials as if he/she employs new workers who do not meet the requirements for the payment of new employment promotion grants.

On April 3, 2006, the defendant submitted an application for new employment promotion subsidy to the Busan Integrated Employment Support Center located in the Busan Jin-dong, Busan, along with a false employment contract, which was prepared as if he newly employed on April 3, 2006.

However, the C1 was registered with the Employment Security Office around December 20, 2005, and was working in the company operated by the defendant from around 29th of the same month.

The Defendant, as above, by deceiving a public official belonging to the Busan General Employment Support Center on May 18, 2006, received KRW 600,000 from the victim of the Republic of Korea as a new employment promotion subsidy in the same manner from around that time to July 25, 2007, and received a total of KRW 1,44 million as a new employment promotion subsidy from the victim on 24 occasions, as shown in the attached Form (Omission) in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the prosecutor's statement concerning C2;

1. A copy of the C3 statement;

1. Inquiry into subsidies by place of business, illegal receipt of and demand for new employment promotion grants by place of business, inquiry into persons eligible for subsidies by place of business, and application of statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Judges

Judges Han Han-Gyeong

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