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(영문) 수원지방법원 2016.12.08 2016고정2553

사기등

Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. He/she shall not receive unemployment benefits by fraud or other improper means against a defendant A;

Nevertheless, the Defendant, even though having worked at the “D” clothes store from August 26, 2014 to January 7, 2015, applied for unemployment benefits against the victim’s mid-term Korea Employment and Labor Agency as if he did not work for the above period of unemployment, and received KRW 5,064,100 from the victim’s unemployment benefits.

Accordingly, the defendant, by deceiving the victim of unemployment benefits, obtained unemployment benefits by fraud and received unemployment benefits by illegal means.

2. They shall not receive unemployment benefits by fraud or other improper means;

Nevertheless, the Defendant filed an application for unemployment benefits with the Korea Employment and Labor Agency of the victims and filed an application for unemployment benefits with the Korea Employment and Labor Agency of the victims as if he/she did not work for the aforementioned period, even though he/she worked for the “E” restaurant from August 13, 2015 to December 10, 2015, and received unemployment benefits from the victims.

Accordingly, the defendant, by deceiving the victim of unemployment benefits, obtained unemployment benefits by fraud and received unemployment benefits by illegal means.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. Some police interrogation protocol regarding Defendant B

1. The police statement concerning F;

1. Request for investigation of the illegal recipient of the C building - Details of unemployment benefits;

1. List of persons eligible for unemployment benefits;

1. Details of supply and demand of unemployment benefits (B);

1. Details of the base station call (B);

1. A contract for entrustment;

1. Documents related to hospitalization and outpatient treatment, such as a detailed statement of treatment;

1. Application of Acts and subordinate statutes to investigation reports (data submitted at the G head office);

1. Relevant Article 347(1) of the Criminal Act, Article 116(2) of the Employment Insurance Act, and the choice of each fine for negligence

1. Defendants among concurrent crimes: each criminal law.