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(영문) 춘천지방법원 속초지원 2016.01.13 2015고단538

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant applied for recognition of eligibility for employment insurance with respect to a public official in charge of unemployment benefits at the employment center located in the Seocho-si in the Ministry of Labor and applied for recognition of eligibility for employment insurance benefits on December 12, 2013, and applied for recognition of eligibility for unemployment benefits on four occasions from December 12, 2013 to March 4, 2014 at the above employment center to the public official in charge of unemployment benefits in charge of providing unemployment benefits.

However, on December 23, 2013, the Defendant did not actually engage in the job-seeking activities at the D restaurant located in Gosung-gun C, the Defendant, without having actually engaged in the job-seeking activities. However, on the job-seeking details of the employment desired card, the Defendant entered the job-seeking activities on a total of six occasions, such as the date of visit, visiting company, address, contact point, type of support, work conditions such as wages, application methods, results of activities, and false facts on the visitors, and submitted the employment desired card to the public official in charge of the employment center unemployment benefits.

Ultimately, the Defendant, by deceiving a public official in charge of the unemployment benefits of the above Employment Center, applied for the recognition of unemployment as above, and then acquired 3,114,270 won in total as unemployment benefits from the public official in charge of the above unemployment benefits around that time by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the payment of individual benefits of unemployment benefits;

1. A intelligence investigation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 116 (2) of the Employment Insurance Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his/her defense counsel visited the company directly to be re-employed, and thus unfair.