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Defendant
A Imprisonment with prison labor of two years and eight months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant A is a person who operates business, such as corporate management consulting and vicarious execution of various applications for national subsidies, in the name of “G” in Article 602 of the F Building in Busan Dong-gu, Busan. B and H are those who arrange the Defendant to apply for the State subsidies and share the profits therefrom, and I are those who assist the work of G under employment of the Defendant.
In order to promote the employment of the aged who are difficult to find employment or change their occupation, the Republic of Korea grants a certain amount of subsidy, i.e., subsidies for extension of employment of the aged, in proportion to the number of the aged who continue to work according to the abolition or extension of the retirement age.
The Defendant, B, H, and I abused the fact that the public official in charge of the payment of subsidies for extension of employment of the aged is to abolish the retirement age and verify the extension of the retirement age based solely on the documents submitted, including the rules of employment, upon receipt of evidentiary data on the requirements for payment of subsidies for extension of employment of the aged. In collusion with the business operators, the Defendant and B, H, and I received the said subsidies by falsely preparing and submitting the rules of employment as if the retirement age was extended or abolished, and were
(State) On May 2013, the Defendant, along with K, planned to make the rules of employment falsely as if he had extended the existing retirement age from 55 to 60 on November 1, 2009 and to receive the above subsidies by submitting it to the competent employment center. (A) On November 1, 2009, the Defendant had not extended the retirement age from 55 to 60 on November 1, 2009.
The Defendant shall establish a false rules of employment on November 1, 2009, which provides the rules of employment and retirement age of January 1, 2006, which set the retirement age at 55 years of age around May 6, 2013, as 60 years of age, with the rules of employment set at 60 years of age, and K shall represent the said rules of employment.