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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government (State) 1001, and D is a person who received wages as if he/she had worked as a member of (State)C from March 1, 2007 to August 31, 2009, notwithstanding that he/she is not a employee of (State)C.
1. On February 9, 2010, the Defendant filed an application for fact-finding, including bankruptcy, with the Seoul Regional Labor Agency (State) Seoul Regional Labor Agency (C) and received the fact-finding on April 8, 2010.
On March 9, 2010, the Defendant was present at the Seoul Labour Korea Labor Agency and stated that E was an employee of Korea Labor Inspector with respect to the case of applying for the fact-finding, such as bankruptcy, etc. against D, even though he was aware that D is not an employee of D.C.
The Defendant received a substitute payment 12,294,330 as stated in D’s aforementioned false statement.
Accordingly, the defendant made a false report, certification, or submission of documents so that D can receive a substitute payment by fraud or other improper means.
2. The Defendant and D, as if D were an employee of D in the manner described in paragraph 1, was determined by the Seoul Regional Labor Agency as if D was the employee of D in the manner described in paragraph 1. On May 28, 2010, D submitted a request for substitute payment to the employee in charge of D’s malicious branch of the Korea Workers’ Compensation and Welfare Service and received substitute payment amounting to KRW 12,294,30 from D’s national bank account (F) around June 1, 2010.
Defendant
And D conspired, as above, deceiving the victim and received 12,294,330 won as substitute payment from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by the prosecution (including the DNA statement section);
1. A copy of each police statement made against the defendant and D;
1. Data pertaining to the suspect of the investigation report.