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(영문) 창원지방법원 통영지원 2017.02.08 2016고단1840
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

2. Defendants B, C, D, E, F, G, and H Defendants shall be punished by imprisonment.

Reasons

Punishment of the crime

Defendant

A In the process of the case, including the filing of a complaint and an application for substitute payment against the above A who works for the above company as the representative director of the Sungdong Shipbuilding Marine Cooperative (ju), and the defendant B, who works for the above company, are the business owner. The defendant C prepares a false attendance book, wage ledger, etc. necessary for the above company's application for delayed payment of wages and substitute payment due to the general duties, and the defendant D, E, and H prepare the above company's employees, the defendant F and G are the employees belonging to the above company, and the defendant F as the creditors of the above (ju), who recruit false workers according to the direction of each defendant A.

1. Defendant A, B, and C

A. On July 2016, Defendant A in violation of the Act on the Guarantee of Wage Claims: (a) with the intent to unlawfully apply for and obtain substitute payments by abusing the substitute payment system under the Act on the Guarantee of Wage Claims; (b) Defendant C prepared false attendance book, wage ledger, etc. based on the false worker list recruited by D, E, H, F, and G; and (c) Defendant B submitted to the Busan Regional Labor Office Branch Office of the Ministry of Labor in Busan on September 2016 the documents on application for substitute payments containing false workers.

Accordingly, on November 2, 2016, the Defendants conspiredd with Defendant D, E, H, F, G, etc. in order to acquire 192,490,930 won in total for 38 false workers, such as the list of crimes in the attached Table, by deceiving the Victim Labor Welfare Service around November 2, 2016.

B. Defendant A’sless teacher, Defendant B, and Defendant C’s without fault are aware of the fact that the workers indicated in the list of annexed crimes did not actually work in K, and in order to unlawfully receive substitute payment, Defendant A submitted a written complaint to the effect that Defendant A had been in arrears with wages to false workers, such as the list of annexed crimes, and Defendant B filed a complaint.

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