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(영문) 서울동부지방법원 2014.12.04 2014고단2686
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C of a corporation that has the head office in Leecheon-si, Gyeonggi-do and engages in the business of manufacturing and selling prob cards.

The Defendant, with the knowledge that the employer, whose adjustment was inevitable, did not leave workers for at least one month during the period of employment maintenance measures to grant workers a leave of absence and for at least one month thereafter, was paying the victim’s employment maintenance support payment to the employees of the said company C, and subsequently, had the Defendant work at the workplace of the said company D and continued to work at the above company C, and had the Defendant work at the workplace of the said company C, which was operated, and had the Defendant work at the workplace of the said company C, while maintaining a normal employment relationship, applied for employment maintenance support payment following the paid leave of absence at the Sungnam Branch of the Ministry of Employment and Labor of the victim Republic of Korea (hereinafter “Manam Labor Office”).

Accordingly, around September 6, 2013, the Defendant received a “the first plan for employment maintenance measures (temporary retirement) report in 2013, which states that the Defendant shall grant paid leave to 15 members, including employees E, to the Sungnam Labor Office located in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City from September 9, 2013 to October 8, 2013.” On October 11, 201 of the same year, the Defendant paid 21,070,000 won to the said paid leave workers to the Sungnam Labor Office as temporary retirement allowances. Accordingly, the Defendant submitted the “application for employment maintenance support measures (temporary retirement) application for the said paid leave”, the “the monthly wage ledger for September 1, 2013, the insured’s payment of allowances, and the “the attendance record” for the said paid leave workers.

However, in fact, 11 employees such as E, who are employees of C, etc., worked at the workplace of D, which is located in E, Y, Gyeonggi-do, and continued to work, such as the production of C's prob card.

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