208 Highest 3691 Fraud

1. A (65, South Korea), and self-employed;

2. B (71,00) and employees;

Park Ma-Ba

September 2, 2008

Defendant A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

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

Criminal facts

Defendant A was operated on September 1, 2003 by accepting and operating the “Sashion of the garment Manufacturing Company Co., Ltd., Ltd., Ltd., on the 2nd floor of the 2nd floor of the Geum-gu, Busan, Busan, and the 2nd floor of K Building. Defendant B was working as an employee in charge of the above Sashion from September 1, 2003. Defendant A, on or around February 29, 2004, was in arrears due to business deterioration, and a worker retired from office due to such reasons as bankruptcy of the employer, etc., paid wages and retirement allowances (hereinafter referred to as “substitute payment”) that he did not receive for a certain period of time on behalf of the employer to include a false worker who did not work at all at the above company, and received additional money from the Busan Regional Labor Office as substitute payment for that company.

Accordingly, Defendant A received from Defendant D the documents necessary for filing a substitute payment such as a deposit passbook in the name of his woman and a certified copy of family register, and instructed Defendant B, a accounting employee at the time, to prepare a false document as if D actually worked in the above company, and to apply for a substitute payment to the Busan Regional Labor Office.

Upon receipt of such order, Defendant B falsely prepared the attendance ledger, wage ledger, the statement of personal delayed payments, and an application for payment of substitute payment as if the above D actually worked as a member, and then submitted a false application for substitute payment at the Busan Regional Labor Office located in the Dongsan-dong, Busan, and then received 4,743,200 won as substitute payment for D on August 10, 2004 from an employee who is unable to know the name belonging to the Busan Regional Labor Office and received 4,743,200 won as substitute payment for D.

In addition, the Defendants conspired to receive 18,641,560 won in total as substitute payment for four false workers, such as in the attached list of crimes (e.g., omission).

Summary of Evidence

omitted.

Application of Statutes

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

Articles 347(1) and 30 of the Criminal Code, the choice of imprisonment

2. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Suspension of execution (Defendant B);

Article 62(1) of the Criminal Act

Judges Kang Han-sung