You clearly haven't read the actual documents. Your responsibility is to not do the PERM process if you can find a qualified candidate because that would be negatively affecting the market, immigration spends no time on what happens if you can find a candidate because deceiving people that you have a job is perhaps a standard market behavior (1 in 5 jobs is such a deception) and they are not your lawyer.
If you wanted to imply a process was was a serious obligation to hire the most qualified candidate you would call it a good faith effort to test the labor market?
Yes, I'll be sure to review the implied acts of Congress instead of believing an incident report from someone at an organization that did the PERM process matches the government website's summary and detailed documentation of it might be based on correct legal advice.
There is little explanation for you not to understand this besides intentional obtuseness.