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(영문) 서울서부지방법원 2019.06.21 2018고단3712
임금채권보장법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Justice] On June 5, 2018, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for the offering of bribe at the Seoul Western District Court, and the judgment became final and conclusive on June 13, 2018.

【Criminal Facts】

B As the representative of corporation D in Gwangju City, he is a user who runs a construction business using 19 full-time workers, and the defendant is the management director of the above corporation D.

Although anyone is prohibited from having another person receive substitute payment by fraud or other improper means, the defendant and Eul are performing the F construction work in Eunpyeong-gu Seoul Metropolitan Government, and the above D is highly likely to be declared bankrupt due to excess of debt, etc. The defendant and Eul made many employees of D who work for the above construction site to apply for substitute payment by fraudulent means as if they were not paid wages even after having worked for the above construction site, and conspired to use the substitute payment for personal purposes such as repayment of debt.

According to the above public offering, B included many persons who apply for substitute payment through G, H, I, and J around June 2016, and the Defendant prepared a false statement of labor expense report as if they were workers. On November 1, 2016, the Ministry of Employment and Labor in Mapo-gu Seoul Western District Office, Seoul, the Ministry of Employment and Labor, which was located in Mapo-gu, Seoul on November 1, 2016, and even though 5 persons listed in the attached crime list, including K, worked as D and did not receive wages even after having worked in the above construction site, the above 5 persons are required to apply for substitute payment as if they were employed in D and did not receive wages even after having worked in the above construction site, and submit a false statement of labor expense report prepared in falsity as required by an application for substitute payment.

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