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(영문) 춘천지방법원 2014.01.23 2013고단1114
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 197, the Defendant is a person who operates a “stock company C” in Chuncheon City B. From around 1997, the employment maintenance support system was established in advance by a business owner who inevitable adjustment of employment due to the reduction of production, reduction of sales, increase in stock stock, etc., and implements employment maintenance measures such as temporary suspension, temporary suspension, training, reorganization of human resources, etc. after submitting an employment maintenance plan to the competent employment support center under the jurisdiction of the Ministry of Employment and Labor, and grants a certain portion of the personnel expenses paid by the business owner at the competent employment support center.

(A)In the event of a shortage of operational funds, etc. of C, the Defendant, as if he were the technical personnel of C, pretended to be the full-time workers of D(State) and prepared false documents as if he paid temporary layoff benefits to that person and submitted them to the competent employment support center, received employment maintenance support payments and received them as operational funds of C(State).

Accordingly, around February 7, 2007, the Defendant: (a) at the office of the Chuncheon Employment Support Center in the Ministry of Employment and Labor, the Defendant: (b) prepared a “report on business suspension plan” with respect to F, which was recorded as the accounting personnel of the C and the technical personnel of the Defendant’s wife, as if he temporarily suspended from business from February 8, 2007 to February 28, 2007; and (c) submitted it to the staff in charge of the Chuncheon Employment Support Center’s name, including the minutes of labor-management consultation with which G would be suspended for the said period, along with the false attached documents with which G would not know.

Since then, around February 19, 2007, the Defendant: (a) applied for employment maintenance support (suspension) in February 2007; and (b) applied for the application to the effect that the Defendant, around February 19, 2007, ordered E to suspend business operations for F for 21 days during the month of February 2007, and paid KRW 1,538,930 as temporary layoff benefits.

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