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Reasons
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(영문) 창원지방법원 통영지원 2018.05.17 2018고단351
임금채권보장법위반
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant entered into a contract with D residing in C from August 2014 to October 2014, and supplied human resources, such as a contact team leader, as the contact team leader.

D) On February 16, 2015, upon closure of the business and failure to receive the payment of gold, the Defendant was urged to recruit false workers at the F’s office located in the business site E, Changwon-si, with D’s actual managers, G, D’s site warden, and H. Accordingly, the Defendant submitted an application for recognition of substitute payment, etc. to the Korea Labor Agency around July 23, 2015, and submitted the application to the Korea Labor Agency under the name of the victim and the Defendant on May 13, 2015, for the confirmation of the total amount of deposits, seals, and resident registration from N, and sent the same to the labor company by mail. On June 16, 2015, the Defendant submitted to the Busan Regional Labor Agency’s branch office located in the Busan Regional Labor Agency a written complaint to the effect that wages for false workers and H were delayed, and the Defendant submitted the application for substitute payment under the name of the victim and the Defendant on May 23, 2015 to the Korea Labor Agency.

Accordingly, in collusion with G and H, the Defendant submitted false reports, certificates, or documents to the branch office in the jurisdiction of the Busan Regional Labor Office in order to receive a substitute payment in collusion with G and H, and the Defendant received a total of KRW 35,300,000 from the Victim Labor Welfare Corporation as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the prosecution against theO;

1. Each protocol on the examination of a police officer in relation to G, P, Q, R, S, T, U,V, W, X, andY;

1. Each police statement made with respect to the Z, AA, AB, AC, AD, and F;

1. AE, AF, AG, and AH's respective certificates;

1. Details of transactions of each payment account of substitute payments;

1. A written application to verify each substitute payment;

1. Details of money and valuables in arrears in each credit rating bank;

1. Each credit rating bank D.

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