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(영문) 서울북부지방법원 2016.06.10 2015고합370
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Judgment of the court below] Since September 27, 2006, the defendant served as the head of Yeongdeungpo-gu Seoul Metropolitan Government headquarters (g) and the head of G business office.

Among the mid-term public notice of the Ministry of Health and Welfare (No. 2012-53, May 14, 2012), seven disabled persons who have received a certificate of disabled persons in order to be designated as a middle-term production facility shall conclude a labor contract with production facilities and continue to work for at least three months as of the date of application, and the disabled workers shall employ at least seven disabled workers from among the total workers in order to be designated as a production process for at least 50% of the working hours of all workers, and the disabled workers shall participate in the production or service process continuously for at least 50% of the total workers for at least three months prior to the date of application for designation, and as such, goods produced from the production facilities for persons with severe disabilities may be requested to public institutions first, and the relevant public institutions shall purchase goods by means of multiple contracts.

In cases where a business owner employs disabled persons in excess of the obligatory employment rate of full-time workers, he/she may receive 60% of the amount paid to disabled persons or the lower of the amount of the subsidies provided to disabled persons (400,000 won per month in the case of disabled persons) out of the 60% amount of the subsidies provided to disabled persons, in excess of the obligatory employment rate of full-time workers per month (2.7% in September 24, 2012) in accordance with the public notice of the Ministry of Labor (2012-10, No. 2010, Sept. 24, 2012).

【Criminal Facts】

1. In order to be designated as a production facility for products manufactured by persons with disabilities with severe disabilities in violation of the Special Act on the Preferential Purchase of Products manufactured by Persons with Disabilities, at least seven workers with disabilities shall be employed from among all workers, and persons with disabilities shall continue to work for three months before the date of application for designation

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