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(영문) 전주지방법원 2016.04.07 2016고정36
사기
Text

1. Defendant A shall be punished by a fine of KRW 2,00,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates the "E" store in Jeonju-si, Jeonsi-si, Jeonju-si, and Defendant B is a person who works for the foregoing establishment from July 1, 2014 as the wife of Defendant A.

Although Defendants are relatives within the fourth degree of relationship and are not eligible to receive “subsidies for promotion of employment”, the former branch office of the Ministry of Labor with which victims are employed, the Defendants applied to the former branch office of the Ministry of Labor for the subsidies for promotion of employment as if they were not relatives within the fourth degree of relationship.

On July 3, 2015, the Defendants: (a) at the office of the Employment Support Team of the Employment Center of the Gwangju Regional Labor Agency, which is located in the 114th degree of Taejin-gu Seoul Special Metropolitan City on July 3, 2015, Defendant A prepared an application for employment promotion support; and (b) in the business owner’s confirmation letter, Defendant B also applied for employment promotion support by stating that “Defendant B, who is an employee, is not a relative within the fourth degree of relationship with Defendant A, the business owner.”

As such, the Defendants: (a) by deceiving the victim; and (b) from July 1, 2014 to June 30, 2015, Defendant A was paid KRW 8.6 million in total as subsidies to promote the employment of Defendant B.

Summary of Evidence

1. Defendants’ legal statement

1. A family register or a certified transcript of the removed family register;

1. Data related to granting subsidies for promotion of employment;

1. Application of Acts and subordinate statutes to a copy of the business owner's confirmation of subsidies for employment promotion, and a copy of employment promotion;

1. Defendants of the relevant law and the choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act;

1. Penalty defendant B to be suspended of sentence: Fines of 2,00,000 won;

1. Defendant A detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act: Defendant B: Articles 70(1) and 69(2) (1) of the Criminal Act (100,000 won per day);

1. Defendant B of suspended sentence: Article 59(1) of the Criminal Act (the fact that the Defendant was aware of and against the commission of the crime, and that the Defendant was against his will.

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