(영문) 부산지방법원 2008.8.22.선고 2008고단3550 판결

Defendant shall be punished by a fine of 3,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

Reasons

Criminal facts

The defendant is a certified labor affairs consultant who operates the labor affairs office in Busan-gu.

In order to promote the employment of young workers, etc., the Defendant, using the new employment promotion subsidy system that helps employers who employ unemployed persons who meet certain requirements in the country, employed workers who do not meet the requirements for the payment of new employment promotion subsidy, but intended to obtain the new employment promotion subsidy by submitting false data as if they meet the requirements prescribed by the law.

Accordingly, the Defendant submitted an application for the new employment promotion subsidy to the Employment Support Center on March 29, 2006 at the Busan Local Labor Agency located in the Busan Local Employment Support Center on the year-dong on July 25, 2006, and the fact was that B employed around July 25, 2005 did not intend to register with the Employment Support Center at the time of entry. Therefore, even though the above new employment promotion subsidy was not eligible for the above new employment promotion subsidy, the Defendant had the above B registered a job with the Employment Support Center on October 23, 2005 after entry, and completed three months after the date of new employment as of February 1, 2006, submitted a false employment contract and the application for the new employment promotion subsidy to which the name of the Busan Local Employment Support Center was attached, that is, the Defendant received 600,000 won from a staff who could not know the name of the Busan Local Employment Support Center as a new employment promotion subsidy, and obtained it by fraud through the total amount of 70,000 won from February 23, 207.

Summary of Evidence

omitted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act