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(영문) 서울중앙지방법원 2014.02.20 2013고합458
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, each of the defendants B, C, and D shall be punished by imprisonment for one year and six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants A were in office on October 20, 209 as directors with the power of representation of I, an incorporated association (hereinafter “Welfare Association”) established for the purpose of the establishment of a foundation for self-support for the physically disabled and the job reporting business for the physically disabled.

Defendant B is a J operator, who is a clothes and clothing production business, and Defendant C is a printing business operator, and Defendant D is a sanitation management business and a water tank cleaning service business operator.

2. The sole criminal conduct of Defendant A;

A. The Defendant A, in violation of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act, did not intend to lend the name of the business owner who intends to enter into a contract with a state agency, public corporation or quasi-governmental institution, and agreed to receive a certain fee as welfare fund, and did not employ disabled persons at the relevant workplace. As such, the Defendant A was willing to obtain the employment incentive of disabled persons from the Korea Employment Agency by submitting false documents as if he employed disabled persons or submitting false documents as if he had employed disabled persons by the general business owner who borrowed the name of

Defendant

A around June 30, 2010, in Seoul Special Metropolitan City, the Deputy Governor of the Korea Employment Agency for Disabled Persons with Disabilities, and in fact the L corporation operated by K (hereinafter “L”) did not employ the disabled M, who is the Director General of the Welfare Council Federation. However, the employee in poor name of the Welfare Council employed the above M from March 2007 to September 2007 to the N of the employee of the Korea Employment Agency for Disabled Persons with Disabilities.

Relevant documents, such as an application for payment of employment incentives for disabled persons with false content, were submitted.

Accordingly, the defendant A received KRW 2,625,00 from the Korea Employment Agency for Disabled Persons with Disabilities at around August 10, 2010.

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